ete AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

 

X PERSONAL APPEARANCE

GRADE AFSN/SSAN

 

RECORD REVIEW

 

 

 

 

 

 

 

COUNSEL NAME OF GOUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
YES NO
xX
VOTE OF THE BOARD
MEMBERS SITTING HON GEN VOTHC OTITER DENY
cs a — po
—— —_-r >

 

 

 

   

INDEX NUMBER

A67.50

TISSUES

A94.05°

 

 

HEARING DATE

1 AUG 02

CASE NUMBER ‘

FD2001-0531

     
 
   
  
  
  

: APPLICANT'S ISSUE:AND THE BOARD’S, DECISIONAL RATIONAL ARE DISCUSSED, ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE?

 

 

 

 

EXHIBITS SUBMITTED TO THE BOARD...”
ORDER APPOINTING THE BOARD

1
2 | APPLICATION FOR REVIEW OF DISCHARGE

 

 

3, | LETTER OF NOTIFICATION
4

BRIEF OF PERSONNEL FILE

COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

 

   

 

 

 
  
 
 

  

 

 

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

 

 

REMARKS

Case heard at Washington, D.C.

Advise applicant of the decision of the Board.

INDORSEMENT

 

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

 

* Change reason and authority for the discharge to Secretarial Authority, SPD: JFF and change RE Code to 3K.

SIGNATURE OF BOARD PRESIDEN

 

 

ee

DATE: LAUG 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

 

 

 

 

 

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

Previous edition will be used.
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD01-0531

GENERAL: The applicant appeals for upgrade of discharge to [lonorable, to change the reason for the
discharge, and to change his reenlistment code.

The applicant appeared and testificd before the Discharge Review Board (DRB), without counsel, at
Andrews AFB, MD on August 1, 2002.

‘The following additional exhibits were submitted at the hearing: Exhibit 5: Applicant’s issues; Exhibit 6: 5
Character Letters; Exhibit 7: College Transcript; Exhibit 8: Exhorter’s License

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

FINDINGS: The discharge is upgraded to Honorable, and the reason for discharge is changed to
Secretarial Authority.

ISSUE: The applicant contends his discharge was inequitable because it was too harsh. The records
indicated the applicant received a Gencral discharge for Misconduct — Pattern of Misconduct. He received
two Article 15’s for resisting apprehension and for being drunk and disorderly, and he received a Vacation
Action for failing to complete his 12-hour shift. He also received a Letter of Reprimand and two Reports of
Individual Counseling for failure to safeguard his military ID Card, being disrespectful to a corrections
monitor, and for lying. After a through and complete consideration of the information submitted by the
applicant, the applicant’s compelling personal testimony, and information contained in the record, the
Board concluded there was sufficient mitigation and extenuation to substantiate upgrade of the discharge
and to change the reason for the discharge. The Board also agreed to change applicant’s reenlistment code.

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.

However, in view of the foregoing findings, the Board further concludes that the overall quality of
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
1553. Applicants RE Code should be changed to 3K.

Attachment:
Examiner's Brief
FD2001-0531

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

(Former A1C) (HGH SGT)

 

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 92/03/03 UP AFR 39-10,
para 5-47(b) (Pattern of Misconduct). Appeals for Honorable Disch.

2. BACKGROUND:

a. DOB: 69/11/12. Enlmt Age: 17 3/12. Disch Age: 22 3/12. Educ:HS DIPL.
AFQT: N/A. A-76, E-60, G-59, M-46. PAFSC: 90450 - Cardiopulmonary Laboratory
Specialist. DAS: 88/11/22.

b. Prior Sv: (1) AFRes 87/02/27 - 87/11/18 (8 months 22 days) (Inactive) .

3. SERVICE UNDER REVIEW:
a. Enlisted as AB 87/11/19 for 6 yrs. Svd: 04 Yrs 03 Mo 15 Das, all AMS.

b. Grade Status: Al1C - 91/07/31 (Article 15, Vacation, 92/01/13)
SGT - (EPR Indicates): 90/12/01-91/11/30
SRA - (EPR Indicates): 89/07/20-90/07/19
Alc - 88/01/07

ec. Time Lost: none.

d. Art 15’s: (1) 92/01/13, Vacation, Luke AFB, AZ - Article 92. You,
who knew or should have known of your duties, on or
about 12 Dec 91, were derelict in the performance of
thoge duties in that you negligently failed to complete
your 12 hour shif as it was your duty to do so.
Reduction to AiC. (No appeal) (No mitigation)

(2) 91/07/31, Luke AFB, AZ - Article 134. You were, on or
about 11 Jul 91, disorderly, which conduct was of a
nature to bring discredit upon the armed forces,
Reduction to AlC (suspended until 29 Jan 92),
forfeiture of $100.00 pay per month for two months, and
45 days extra duty. (No appeal) (No mitigation)

(3) 88/12/21, Luke AFB, AZ - Article 95 & 134. You did, on
or about 04 Dec 88, resist being apprehended by TSgt --
----- , a security policeman, a person authorized to
apprended you. You were, on or about 04 December 88,
drunk and disorderly. Reduction to Amn (suspended
until 20 Jun 89), 30 days correctional custody, and
forfeiture of $25.00 pay per month for 2 months.

(No appeal) (No mitigation)
FD2001-0531

e. Additional: LOR, 01 FEB 91 - Failure to gafequard DD 2AF (Military ID
card) .
RIC, 05 JAN 89 - Disrespect to CC Monitor.
RIC, 24 DEC 88 - Lying.

f. CM: none.

g. Record of SV: 87/11/19 - 89/03/21 Luke AFB 8 (Annual)
89/03/22 - 89/07/19 Luke AFB 4 (Initial)
89/07/20 - 90/07/19 Luke AFB 5 (Annual)
90/07/20 - 90/11/30 Luke AFB 5. (CRO)
90/12/01 - 91/11/30 Luke AFB 4 = (Annual)

(Discharged from Luke AFB)
h. Awards & Decs: AFOUA, NDSM, AFLSAR, NCOPMER, AFTR.

i. Stmt of Sv: TMS: (05) Yrs (00) Mos (07) Das
TAMS: (04) Yrs (03) Mos (15) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 01/11/21.
(Change Discharge to Honorable)

NO ISSUES SUBMITTED.
ATCH

none.

02/03/13/ia
Ep2co/~oS>l

DEPARTMENT OF THE AIR FORCE
58TH MEDICAL GROUP (TAC)

LUKE AIR FORCE BASE AZ 95309-5000

 

REPLY TO
ATTN OF: ce

FEB | 1 1992

SUBJECT: Notification Letter

TO:

 

1. I am recommending your discharge from the United States Air
Force for a pattern of misconduct. The authority for this action
is AFR 39-10, Section H, paragraph 5-47(b). If my recommendation
is approved, your service will 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 12 Dec 91, you were derelict in the performance of
your duties, as evidenced by a Letter of Reprimand, dated 8 Jan
92. For this incident, you also received a Record of
Proceedings of Vacation of Suspended Nonjudicial Punishment,
demoting you to Airman First Class.

b. On or about 11 Jul 91, you were disorderly, as evidenced
by an Article 15 action, dated 31 Jul 91. Punishment consisted
of 45 days extra duty and forteiture of $100.00 pay per month for
two months and reduction to the grade of airman first class
(suspended).

c. On 22 Jan 91, you failed to safeguard your DD Form 2AF
(military identification card), as evidenced by a Letter of
Reprimand, dated 1 Feb 91

d. On 5 Jan 89, you did, while leaving the dining hall, make
an unsolicited remark and were disrespectful to the CC monitor,
as evidenced by a Record of Individual Counseling, dated 5 Jan
89. ,

e. On 23 Dec 88, you were counseled for lying, as evidenced
by a Record of Individual Counseling, dated 24 Dec 88.

f. On or about 4 Dec 88, you resisted being apprehended by a
security policeman, and you were drunk and disorderly, as
evidenced by Article 15 action, dated 21 Dec 88. Punishment
consisted of 30 days correctional custody, forfeiture of $25.00
pay per month for two months and reduction to the grade of airman
(suspended).

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

readiness is our (Profession
POZLOL- O53 |

decide whether you will be discharged or retained in the Air
Force, and if discharged how your service will be characterized.
If you are discharged, you will be ineligible for reenlistment in
the Air Force.

4. You have the right to consult counsel. Military legal
counsel has been obtained to assist you. An appointment for
you to consult the Area Defense Counsel at Building 1150, Suite
2076, Luke AFB, AZ., Ext 6701 has been scheduled for

at [1Ad6/1s00.. You may consult civilian counsel at your own
expense.

5. You have the right to submit statements in your own behalf.
Any statements you want the separation authority to consider must
reach me by EER pA (992 unless you request and receive an
extension for good cause shown. I will send them to the
separation authority.

6. 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.

7. You have been scheduled for a medical examination. You must
report to 58 MED GP, Physical Exams Section at owoo on Ks FehGe
for the examination.

 

8. Any personal information you furnish in rebuttal is covered
by the Privacy Act Statement as explained in AFR 39-10,
attachment 6. A copy of AFR 39-10 is available for your use in
your unit orderly room.

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

   
  

Colonel, USAF 6 Atchs

ommander 1. LOR, 8 Jan 92/
AF 366, 15 Jan 92

2. Art 15, 31 Jul 91

3. LOR, 1 Feb 91

4. Record of
Indivdual
Counseling, 5 Jan
89

5. Record of Indivdual
Counseling, 24 Dec
88

6. Art 15, 22 Dec 88
Fb 200! - O53

DEPARTMENT OF THE AIR FORCE
HEADQUARTERS 58TH FIGHTER WING (TAC)

LUKE ALR FORCE BASE AZ 85309-5000

 

06 FEB 1992

REPLY TO
ATTN OF:

 

 

suevecT: Ag. iew of Administrative Discharge wt

58 MED GP

  

ro. 58 FW/cc

1. ACTION: This case is before you in your capacity as discharge
authority for review and action. The 58 MED GP/CC recommends the
respondent be separated from the United States Air Force with a
general discharge without probation and rehabilitation pursuant to
AFR 39-10, Section H, paragraph 5~-47(b) for a pattern of
misconduct. I concur. ;

2» FACTS FOR THE GOVERNMENT:

a» On 12 Dee 91, respondent was derelict in the performance
of his duties, as evidenced by a Letter of Reprimand, dated 8 Jan
92. For this incident, he also received a Record of Proceedings of

Vacation of Suspended Nonjudicial Punishment, demoting him to
Airman First Class.

Be On or about Il Jul 91, respondent was disorderly, as.
evidenced by an Article 15 action, dated 31 Jul 91. Punishment
consisted of 45 days extra duty and forfeiture of $100.00 pay per
month for two months and reduction to the grade of airman first
class (suspended).

c+ On 22 Jan 91, respondent failed to safeguard his DD Form
2AF (military identification card), as evidenced by a Letter of
Reprimand, dated 1 Feb 91.

d- On 5 Jan 89, respondent did, while leaving the dining
hall, make an unsolicited remark and was disrespectful to the CC
monitor, as evidenced by a Record of Individual Counseling, dated
5 Jan 89.

e» On 23 Dec 88, respondent was counseled for lying, as
evidenced by a Record of Individual Counseling, dated 24 Dec 88.

f£. On or about 4 Dec 88, respondent resisted being
apprehended by a security policeman, and he was drunk and
disorderly, as evidenced by Article 15 action, dated 21 Dec 88.
Punishment consisted of 30 days correctional custody, forfeiture
of $25.00 pay per month for two months and reduction to the grade
of airman (suspended).

Neadiness is our (Profession
Po zzol-055/

(

3. FACTS FOR THE RESPONDENT:

a. The respondent is 22 years old, and has served
approximately 4 years of a current 6 year enlistment. AQE
scores are: A-76; E-60; G-59; and M-46. The APR/EPR

history is as follows:

(4) 30 Novy 91 (EPR) (5) 30 Nov 90 (EPR) (5) 19 Jul 90 (EPR)
(4) 19 Jul 89 (EPR) (8) 21 Mar 89

The respondent is entitled to wear the Air Force Training Ribbon,
NCO Professional Military Education Ribbon, National Defense
Service Medal, Air Force Longevity Service Award.

b. The respondent has met with military counsel and has
elected to submit statements regarding this discharge action.
In his statement, the respondent maintains that the incidents
behind his discharge were isolated and blown out of proportion.
The respondent cited some of his accomplishments which include
being a distinguished graduate from the NCO Preparatory Course,
Airman of the Year for the hospital in 1990 and Airman of the
month for the 832nd Air Division in August 1990. In addition, the
respondent has submitted several statements from supervisors and
health care providers which attest to his good duty performance.

4. ERRORS AND IRREGULARITIES: This file must contain a physical
examination authorizing separation prior to the discharge of this

airman.
5. DISCUSSION:

ae Legal Sufficiency: This file has been prepared in
substantial compliance with the provisions of AFR 39-10 and it is
legally sufficient to support discharge, subject to inclusion of
the discharge physical.

be. Character of Discharge: The respondent's commander has
recommended a general discharge. A general discharge is
appropriate when the member's service has been honest and
faithful, but significant negative aspects of the member's conduct
or duty performance outweigh the positive. An under
other than honorable conditions (UOTHC) discharge is appropriate
when the misconduct constitutes a significant departure from the
conduct expected of airmen. In this case, the respondent has
received two Articles 15, two Letters of Reprimand and Records of _
Counseling for misconduct which ranges from being drunk
and disordérly to dereliction of duty. The respondent's
misconduct even continued while he was in correctional
custody for a previous offense. The respondent's conduct has been
well below that expected of airmen in the United States Air Force,
and negative aspects outweigh the positive. The misconduct,
however, is not so serious as to warrant a UOTHC characterization.
I concur with the squadron commander's recommendation for a
general discharge.
FQ280/- 053

Ce Probation and Rehabilitation: | Probation and
rehabilitation, in accordance with AFR 39-10, paragraph 7-3,
would be inappropriate in this case and is clearly contrary to the
best interests of good order and discipline. The respondent
has clearly demonstrated a lack of desire and ability to conform
to the dictates of military discipline. There is nothing in the
file to indicate the respondent would, if offered additional
opportunities, conform to Air Force standards. Probation and
rehabilitation should be denied.

6- OPTIONS: As the discharge authority you have the following
options:

a» Retain the respondent; or

b. Forward the case to |2AF/CC recommending the respondent
receive an honorable discharge; or

c- Separate the respondent with a general discharge with or
without probation and rehabilitation; or

d. Refer the case to an administrative discharge board.

7+ RECOMMENDATION: Based on the foregoing, I recommend you
separate the respondent from the United States Air Force with a
general discharge without probation and rehabilitation.

it

 
  

Lt Col, USAF

 

aff Judge Advocate