| NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

GRADE AFSN/SSAN

AB

 

 

 

PERSONAL APPEARANCE

NAME OF COUNSEL AND OR ORGANIZATION

 

 

 

MEMBERS SITTING

 

X RECORD REVIEW

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

 

 

 

 

   

 

 

 

 

 

    
 

 

 

       
   

Case heard at Scott AFB, Illingis.

Advise applicant of the decision of the Board and the right to submitt an application to the AFBCMR.

&

INDEX NUMBER area ne Ee
A67.10 1 | ORDER BOARD
2 | APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION
HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE |
4 JUN 03 FD-01-00013

 

 

 

COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING
Dearne reas snd CTR re)

    
 

 

 

SIGNATURE OF RECORDER

 

SAF/MIBR

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

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

SIGNATURE OF BOARD PRESIDENT

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

1535 COMMAND DR, EE WING, 3®° FLOOR

ANDREWS AFB, MD 20762-7002

Previous edition will be used.
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | ¢79901-00013

GENERAL: The applicant appeals for upgrade of discharge to Honorable.

The applicant’s appeal was heard before the Discharge Review Board (DRB), without counsel, at Scott
AFB, IL on June 3, 2003. The applicant did not appear.

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.
FINDINGS: Upgrade of discharge to Honorable is denied.

The Board finds that neither the evidence of record or that provided by the applicant substantiates an
impropriety or inequity that would justify upgrade of the discharge.

ISSUES: The applicant was discharged with a General Discharge for a pattern of Misconduct. Member
received two Article 15s for failure to go and sleeping on his post. He also received one Letter of
Reprimand for dereliction of duty for failure to notify his superiors of his whereabouts and three Letters of
Counseling for failing to return to his place of duty, being late to a dental appointment, and dereliction of
duty for failing to complete a task. Applicant states he was accused of illegal use of a controlled substance.
He also indicates there was discrimination. These two issues are without merit. The record does not
indicate issues of discrimination or that the applicant accused of substance abuse. The Discharge Review
Board concluded the misconduct was a significant departure from the conduct expected of all military
members. The characterization of the discharge received by the applicant was found to be appropriate.

 

If the applicant 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 to a personal appearance hearing, 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.

Attachment:
Examiner's Brief
FD-01-00013
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD

ANDREWS AFB, MD

— wn. (Former AB) MISSING DOCUMENTS

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 00/08/31 UP AFI 36-
3208, para 5.50.2 (Pattern of Misconduct). Appeals for Honorable Disch.

2. BACKGROUND:

a. DOB: 79/01/19. Enilmt Age: 19 11/12. Disch Age: 21 7/12. Educ:HS DIPL.
LFOT: N/A. A-40, E-51, G-72, M-32. PAFSC: 3P031 - Security Forces Apprentice.
CAS: 99/06/27.

b. Prior Sv: AFRes 99/01/12 ~ 99/01/12 (1 day) (Inactive).
3. SERVICE UNDER REVIEW:
a. Enid as AB 99/01/13 for 4 yrs. Svd: 1 Yrs 7 Mo 19 Das, all AMS.

b. Grade Status: AB - 00/06/06 (Article 15, Vacation, 00/07/21)
Alc - 00/05/13
AMN — 99/07/13

c. Time Lost: none.

d. Art 15’s: (1) 00/07/21, Whiteman AFB, MO - Article 86. You did, c/a
8 Jul 00, w/o authority, fail to go at the time
prescribed to your appointed place of duty. Rdn to AB.
(No appeal) (No mitigation)

(2) 00/06/06, Whiteman AFB, MO - Article 113. You, o/a 23
May 00, being posted as a sentinel at the Weapons
Storage Area, post "Whiskey-4" were found sleeping upon
your post. Rdn to AB (susp til 5 Dec 00), forfeiture of
$100 pay per month for two months, and 15 days extré
duty. (No appeal) (No mitigation)

e. Additional: LOR, 06 DEC 99 - Dereliction of duty.
Loc, 19 SEP 99 - Dereliction of duty.
Loc, 17 AUG 99 - Late to appointment.
LOC, 12 AUG 99 - Failure to go.

f. CM: none.

g. Record of SV: none.
(Discharged from Whiteman AFB)

h. Awards & Decs: AFTR.
FD01-00013

i. Stmt of Sv: TMS: (1) Yrs (7) Mos (20) Das
TAMS: (1) Yrs (7) Mos (19) Das

4. BASIS ADVANCED FOR REVIEW: Appin (DD Fm 293) dtd 00/12/18.
(Change Discharge to Honorable)

Issue 1: J] ------- believe that my General under Honorable Condition
discharge should be changed due to alleged accusations of illegal use control
substance was proven to be negative. Although for a total of 3 months I was
discriminated and characterized as guilty.

Issue 2: Several racial comments said to me. JI reported to my chain of
command repeatedly. Persistently overlooked. These issues were reported to
MEO, JAG, ADC, and 1G. However no response or satisfaction occured(sic)

Issue 3: Issue of work place discrimination due to the fact Air Force job
description consisted Security Force. However, first impression was stigmatized
with false judgement of drug use by hear-say evidence by a suviliance (?) who
did not know me nor my background. Therefor character was ruin(sic).

Issue 4: I believe my General under Honorable conditions should be changed
so that I may given the fair opportunity to join another branch of the military
and serve my country which has been a lifelong dream all my life. I put my
heart and sould into having a militagry career unfortunately was ruined
unfairly.

ATCH

1. Negative/Untestable Report.
2. AF Form 3545.
3. Personal Statement.

01/01/09/ia
PFDOI- 0201 D

DEPARTMENT OF THE AJR FORCE
HEADQUARTERS 509" BOMB WING (ACC)
WHITEMAN AIR FORCE BASE, MISSOURI

 

MEMORANDUM FOR 509 BW/CC

FROM: 509 BW/JA

SUBJECT: Final Legal Review, AFI 36-3208, alii. Discharge

1. BASIS OF ACTION: The respondent's squadron commander initiated discharge action
under AFPD 36-32 and AFI 36-3208, paragraph 5.50.2, for pattern of misconduct. He

recommends an under honorable conditions (general) discharge without probation and
rehabilitation.

2. EVIDENCE FOR THE GOVERNMENT: The record contains sufficient evidence to

substantiate discharge under paragraph 5.50.2. Specific instances of the respondent's misconduct
include:

a. On 8 Jul 00, he was late for duty.
b. On 23 May 00, he was found sleeping while posted at “'Whiskey-4”.

c. On 4 Dec 99, while on 6-ring stand-by, he left without notifying his superiors of his
whercabouts.

d. On 13 Sep 99, he was instructed to conduct facility cleanup. Later during that shift he
was observed seated at a table.

e. On 13 Aug 99, he was 30 minutes late to his dental appointment.

f. On 12 Aug 99, he failed to return to his place of duty.

wee nnn

13 Jan 99. He is entitled to wear the Air Force Training Ribbon.

4. DISCUSSION: Ges been afforded many chances to maintain military standards.
Despite efforts by his superiors he has failed to respond. gRM@Mi#has received three Letters of
Counseling and one Letter of Reprimand. He received his first Letter of Counseling in August
1999 for failing to return to his appointed place of duty. The very next day @j@@wreceived
another Letter of Counseling, this time for being late to his mandatory dental appointment. In

September 1999 quae wa s instructed to conduct facility cleanup, but later during that shift
he was witnessed seated at a table. He received a Letter of Counseling. He received his first
Fol ~ OCOD

Letter of Reprimand in December 1999 because he left without notifying any of his superiors
while on 6-ring stand-by. Finally, iim was given an Article 15 as an additional chance to
refrain from further misconduct. However, es unsuccessful in correcting his behavior

and was late for duty. Therefore, the suspended punishment from his Article 15 was vacated and
his commander has initiated this discharge action.

5. DISPOSITION ALTERNATIVES: You, as the special court-martial convening authority,
are the separation authority for this action. You may:

(a) retain the respondent in the Air Force;

(b) direct that the respondent be separated with an under honorable conditions (general)
discharge, with or without probation and rehabilitation;

(c) recommend that the respondent be separated with an honorable discharge, with or without

probation and rehabilitation, and forward this case to the general court-martial convening
authority (8th AF/CC) for action;

(d) direct that this case be reinitiated pursuant to the board hearing procedures of AF] 36-

3208, Chapter 6, Section C, if you feel a discharge under other than honorable conditions
(UOTHC) is warranted; or

(e) direct that the case be reinitiated under another paragraph of AFI 36-3208, if you deem it
more appropriate.

7. RECOMMENDATION: I recommend you discharge the respondent, characterizing his
service as under honorable conditions (general), without probation and rehabilitation. If you
agree, please sign the attached correspondence and return this file to JA for further processing.

 

' a apt, USAF
Chief, Military Justice

Attachment:
Discharge Package/AB Ware
G;-

 

FDOr- CODIS

DEPARTMENT OF THE AIR FORCE
509th SECURITY FORCES SQUADRON (ACC)
WHITEMAN AIR FORCE BASE, MISSOURI

MEMORANDUM FOR

 

FROM: 509 SFS/CC
SUBJECT: Notification Memorandum

|. 1am recommending your discharge from the United States Air Force for a pattern of
misconduct. The authorities for this action are AFPD 36-32 and AFI 36-3208, paragraph 5.50.2.
If my recommendation is approved, your service may be characterized as honorable or under

honorable conditions (general). 1 am recommending that your service be characterized as under
honorable conditions (general).

2. My reasons for this action are:

a. On 8 Jul 00, you were late for duty. The suspended punishment you were given for the
Article 15, dated 15 Jun 00, was vacated on Zi Sh 00 -. (Atch 1a)

b. On 23 May 00, you were found sleeping while posted at “Whiskey-4"". For this
incident you received and Article 15, dated 15 Jun 00. (Atch 1b)

c. On 4 Dec 99, while on 6-ring stand-by, you Jeft without notifying your superiors of
your whereabouts. For this incident, you received a Letter of Reprimand, dated 6 Dec 99. (Atch
Ic)

d. On 13 Sep 99, you were instructed to conduct facility cleanup. Later during that shift
you were observed seated at a table. For this incident, you received a Letter of Counseling, dated
19 Sep 99. (Atch 1d)

e. On 13 Aug 99, you were 30 minutes late to your dental appointment. For this
incident, you received a Letter of Counseling, dated 17 Aug 99. (Atch le)

f. On 12 Aug 99, you failed to return to your place of duty. For this incident, you
received a Letter of Counseling, dated 12 Aug 99. (Atch If)

3. Copies of the documents to be forwarded to the separation authority in support of this
recommendation are attached. The commander exercising Special Court-Martial convening
authority 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 any special pay, bonus, or education
assistance funds may be subject to recoupment.
EDBI~OCY 1

4. You have the right to consult counsel]. Military legal counsel has been obtained to assist you.
I have made an appointment for you to cons agama Bldg 509on 25 JL oO
at J430 hWevrd — . You may consult civilian counsel at your own expense.

“tS afer Physical Fagus

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 A Sol eo unless you request
and receive an extension for good cause shown. | 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 Physical Exams at
(HIS on 25 A oO _ forthe examination.

8. 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 your Orderly Room.

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

Commander

 

Attachments:

1. Supporting documents -- for the reason for discharge
Vacation Action, dated

Article 15, dated 15 Jun 00/

LOR, dated 6 Dec 99

LOC, dated 19 Sep 99

LOC, dated 17 Aug 99

LOC, dated 12 Aug 99

monoges

2. Documents containing derogatory information -- which are not listed in the notification

memorandum: Documents relating to the respondents misconduct are found at Atch 2 of the
Notification Letter.

3. Airman's receipt of notification memorandum, dated_2< \\ o& .