AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) ~ GRADE AFSN/SSAN |
«a xB
TYPE ~
PERSONAL APPEARANCE X RECORD REVIEW
. COUNSEL ‘ yy e NAME OF COUNSEL AND OR ORGANIZATION ° ADDRESS AND OR ORGANIZATION OF COUNSEL
YES NO
xX

 

 

 

"VOTE OF THE BOARD
cae oe e

 

 

UOTHC OTHER DENY

 

 

 

 

 

MEMBERS SITTING
xX
de
xX
Dm x
xX
xX

 

 

 

 

 

 

EXHIBITS SUBMITIED TO. THE BOARD i

ISSUES INDEX NUMBER een
ORDER APPOINTING THE BOARD

A93.17 A67,10, 467.70

 

 

LETTER OF NOTIFICATION

 

1
2 | APPLICATION FOR REVIEW OF DISCHARGE
Lo
3
HEARING DATE CASE NUMBER 4

BRIEF Of PERSONNEL FILE

 

6 FEB 03 FD2000-0339 COUNSEI’S RELEASE TO THE BOARD

 

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

 

 

  

APPLICANTS ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED UN THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL, RATIONALE. ET
: Ea ee ae ee : : Be ne Ds

B

 

 

REMARKS ~ Sam
Case heard at Travis AFB, California. Applicant was scheduled to appear before the DRB, but failed to respond.

 

Advise applicant of the decision of the Board, the right to a personal appearance and the right to submitt an application to
the AFBCMR.

 

SIGNATURE OF RECORDER SIGNATURE OF BOARD PRESIDENT

 

 

 

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 FD00-0339

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

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 the evidence of record or that provided by the applicant substantiates an
inequity or an impropriety that would justify a change of discharge.

ISSUE: The applicant was discharged Misconduct - Minor Disciplinary Infractions. His offenses included
receiving an Article 15 for being derelict in the performance of his duties in that he willfully failed to follow
established regulations and guidelines by wrongfully allowing a civilian person to accompany him while on
patrol. In addition, he received two Letters of Reprimand and three Letters of Counseling for violation of
orders, missing an appointment, lack of professionalism, being removed from Phase II for lack of
seriousness of training, and reporting late to training class. The applicant states that new personnel to the
flight who didn’t like him, was the reason for his misconduct. He also mentions his good service while in
the military. The DRB took note of the applicant’s duty performance as documented by his performance
reports, letters of recommendation and other information contained in the records. They found the
seriousness of the willful misconduct offset any positive aspects of the applicant’s duty performance. The
Board concluded the discharge was appropriate for the reasons that were the basis for this case

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-00-00339
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 99/12/04 UP AFI 36-3208,

para 5.54 & 5.49 (Drug Abuse & Minor Disciplinary Infractions). Appeals for
Honorable Disch.

2. BACKGROUND:

a. DOB: 79/05/27. Enlmt Age: 17 9/12. Disch Age: 20 6/12. Educ:HS DIPL.
AFOT: N/A. A-54, E-44, G~-44, M-26. PAFSC: 3P031 - Security Forces Apprentice.
DAS: 97/11/22.

b. Prior Sv: AFRes 97/03/18 - 97/07/08 (3 months 21 days) (Inactive).
3. SERVICE UNDER REVIEW:
a. Enld as AB 97/07/09 for 4 yrs. Svd: 2 Yrs 4 Mo 26 Das, ail AMS.

b. Grade Status: AB - 99/08/11 (Article 15, 99/08/14)
Alc - 98/11/09 :
_AMN - 98/01/09

c. Time Lost: none.

d. Art 15’s: (1) 99/08/11, Misawa AB, Japan - Article 112a. You did, o/a
1 Jan 99 and o/a 24 Apr 99, wrongfully use marijuana on
divers occasions. Rdn to AB, forfeiture of $250.00 pay
per month for 2 months, 30 days restriction, 30 days
extra duty, and a reprimand. (No appeal)

(No mitigation)

(2) 99/03/22, Misawa AB, Japan - Article 92. You, who
; should have known of your duties, were derelict in the
performance of those duties in that you willfully failed
to report a major vehicle accident, as it was your duty
to do. Rdn to Am (susp til 21 Sep 99), 14 days extra
duty, 14 days restriction, and forfeiture of $251.00.
(Appeal /Denied) (No mitigation)

e. Additional: LOR, 28 MAY 99 - Failure to go.
LOC, 04 MAY $9 - Late for duty.
LOR, 28 DEC 98 -- Failure to go.
LOR, 25 DEC 98 —- Failure to go.

Es CM: none.

g. Record of SV: 97/07/09 99/03/08 Misawa AB 4 (Initial)
FD00-00339

99/03/09 99/08/25 Misawa AB 1 (CRO)
(Discharged from Little Rock AFB)

h. Awards & Decs: AFTR, AFOSLTR.

i. Stmt of Sv: TMS: (2) Yrs (8) Mos (17) Das
TAMS: (2) Yrs (4) Mos (26) Das

4. BASIS ADVANCED FOR REVIEW: Appin (DD Fm 293) dtd 00/08/22.
(Change Discharge to Honorable)

Issue 1: My outlook on the Air Force at the time was not good at first. I
let my job (Security Police) stress get best of me. I have been trying to get
back in the services ever since Dec when I was discharged. I have been working

every (sic). I'm 21 now and still have time to make a change.
Issue 2: The reason for my discharge was drugs. I lied because I never
used marijuana in the military and my urinalysis speaks for itself. I even took

a lie detector which backed up my truth.

Issue 3: .I have been studying and getting ready for the ASVAB test again
and I look forward and pray for a second chance with the United States Air
Force. I did not put my best foot when I had the chance at first but I would

not disapoint (sic) you and your decission (sic). Thank you.

Issue 4: Within the two years I served I had a chance to visit Saudi,
Korea, Japan, Itali (sic), Ireland. I enjoyed the military but I let my young
mind (which will never happen again) make the wrong decision. Thank you.

ATCH
none.

00/09/22/ia
DEPARTMENT OF THE AIR FORCE
PACIFIC AIR FORCES

 

05 NOV i999
MEMORANDUM FOR 35 FW/CC

FROM: 35 FWAJA

SUBJECT: “a Review of Administrative Discharge — neni,

35 SFS

1. [have reviewed the administrative discharge case file in the matter _ RN.

(Respondent) and subject to the inclusion of the medical report of his physical examination, find it
legally sufficient. I concur with the commander's recommendation that Respondent should receive
a general (under honorable conditions) discharge without probation and rehabilitation (P&R) in
accordance with AFI 36-3208, Administrative Separation of Airmen, paragraphs 5.54 and 5.49 for
misconduct consisting of drug abuse and minor disciplinary infractions. Respondent’s drug abuse
should be cited as the primary reason for discharge.

2. LEGAL BASIS FOR DISCHARGE

a. Major Rector, Respondent's commander, recommends that QAM discharged under
AFI 36-3208, paragraphs 5.54 and 5.49, for misconduct consisting of drug abuse and minor
disciplinary infractions. Administrative discharge under paragraph 5.54 is proper if evidence
indicates that an airman abused drugs one or more times. Administrative discharge under paragraph
5.49 is proper if documented evidence confirms that an airman failed’to comply with nonpunitive
regulations or committed minor offenses under the Uniform Code of Military Justice which resulted
in counseling, letters of reprimand, or nonjudicial punishment.

b. Respondent's administrative discharge package includes the following documented offenses:

43

(1). Between 1 Jan 99 and 24 Apr 99, Respondent wrongfully used marijuana. For this
misconduct, he received an Article 15 and Unfavorable Information File entry (UIF).

(2). On 5 Mar 99, Respondent failed to report a major vehicle accident. For this
misconduct, he received an Article 15 and a UIF.

(3). On 27 May 99, Respondent failed to report for the 35 FW Fun Run and was late for
duty. For this misconduct, he received a Letter of Reprimand (LOR)

(4). On 4 May 99, Respondent was late for duty. For this misconduct, he received a Letter
of Counseling.

(5). On 27 Dec 98, Respondent failed to report to duty for guardmount. For this
misconduct, he received an LOR.
[PERM EOS BT

(6). On 25 Dec 98, Respondent failed to report to duty for guardmount. For this
misconduct, he received an LOR.

c. The cited incidents of misconduct constitute legally sufficient bases for discharge for drug
abuse and minor disciplinary infractions. Based on Respondent’s serious misconducl, considered

with his entire military record mag pen|s0u\3 be discharged.

3, FOR THE RESPONDENT: Respondent is 20 years old. He was assigned to the 35" Security
Forces Squadron on 22 Novy 97. His total active federal military service date is 9 Jul 97.
Respondent has received the Air Force Training Ribbon. Respondent has waived his nght to submit
matters for your consideration (Tab 3, Atch 3).

4. SERVICE CHARACTERIZATION: Major Rector recommends that Respondent’s service
should be characterized as general (under honorable conditions) based on Respondent’s conduct
consisting of drug abuse and minor disciplinary infractions, In accordance with AF] 36-3208,
paragraph 1.18, a general discharge is appropriate when significant negative aspects of the airman’s
conduct or performance of duty outweigh the positive aspects of the member’s record.
Respondent’s misconduct outweighs the positive aspects of his record. The record supports Major

oo recommendation for a general discharge. Considering Respondent’s misconduct, as well
as his otherwise average duty performance, a general discharge is appropriate.

5. PROBATION AND REHABILITATION: Respondent is not an appropriaie candidate for P&R
under AFI 36-3208, chapter 7. Respondent’s misconduct demonstrates his inability or
unwillingness to meet appropriate standards of conduct. Furthermore, in accordance with AFI 36-
3208, paragraph 7.2.6, a member approved for discharge for drug abuse is not eligible for P&R.

6. SEPARATION AUTHORITY OPTIONS: As the separation authority, you may take one of the
following actions:

a, Retain Respondent;
b. Forward the case to 5 AF/CC with a recommendation of an honorable discharge, if you find
that the member’s service is otherwise so meritorious that any other characterization would be

inappropriate;

- c, Direct that Respondent be discharged with a general discharge based on Respondent’s drug
abuse with or without P&R;

d. Direct that Respondent be discharged with a general discharge based on Respondent’s minor
disciplinary infractions with or without P&R;

e. Direct that Respondent be discharged with a general discharge based on Respondent’s drug
abuse and minor disciplinary infractions citing Respondent’s drug abuse as the primary reason;

f. Direct that Respondent be discharged with a general discharge based on Respondent’s drug
abuse and minor disciplinary infractions citing Respondent’s minor disciplinary infractions as the
primary reason; or
-

g. Offer respondent an opportunity for a hearing by an administrative discharge board if you feel
respondent’s service should be characterized as under other than honorable conditions.

7. CONCLUSIONS AND RECOMMENDATIONS

a. I find:

(1) The reasons cited as the bases for discharge (drug abuse and minor disciplinary infractions)
in the commander's Letter of Notification are supported by a preponderance of the evidence and are
appropriate bases for discharge;

(2) The recommendation of a general discharge is warranted and appropriate in this case
pursuant to the criteria outlined in AFI 36-3208, paragraph 1.18 given Respondent’s misconduct;

(3) Respondent is not a suitable candidate for P&R given his minor disciplinary infractions nor
is he eligible for P&R under the criteria of AFT 36-3208, paragraph 7.2.6 because of his drug abuse.

b. I recommend that you sign the proposed letter directing that Respondent be discharged from
the Air Force with a general discharge without probation and rehabilitation for misconduct
consisting of drug abuse and minor disciplinary infractions, citing drug apuse as (he primary reason
for Respondent’s discharge.
DEPARTMENT OF THE AIR FORCE
PACIFIC AIR FORCES

w 35 SIS

FROM: 35 SFS/CC

SUBJECT: Notification Memorandum

1. Iam recommending your discharge from the United States Air Force for drug abuse and
misconduct consisting of minor disciplinary infractions in accordance with AFPD 36-32,
Military Retirements and Separations, and AFI 36-3208, Administrative Separation of Airmen,
paragraphs 5.54 and 5.49. This action could result in your separation with an under other than
honorable conditions discharge (UOTHC). I am recommending that you receive a general
discharge with the primary reason due to your drug abuse.

2. My reasons for this action are:

a. Between 1 Jan 99 and 24 Apr 99, you wrongfully used marijuana. For this
misconduct, you received an Article 15 and Unfavorable Information File entry (UIF).

b. On5 Mar 99, you failed to report a major vehicle accident. For this misconduct, you
received an Article 15 and a UIF.

c. On 27 May 99, you failed to report for the 35 FW Fun Run and were late for duty.
For this misconduct, you.received a Letter Of Reprimand (LOR)

d. On 4 May 99, you were late for duty. For this misconduct, you received a Letter of
Counseling.

e. On 27 Dec 98, you failed to report to duty for guardmount. For this misconduct, you
received an LOR.

f. On 25 Dec 98, you failed to report to duty for guardmount. For this misconduct, you
received an LOR. .

3. Copies of the documents to be forwarded to the separation authority are attached. The
commander exercising SPCM jurisdiction, or a higher authority will decide whether you will be
discharged or remain 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.
PPGd0-83 SS

4. You have the right to consult counsel. Military legal counsel has been obtained to assist you.

] have made an appointment for you to consult Captain Spore, the Area Defense Counsel, al
Building 527, on 2 3 Océ 7% _, 1999, at OBOC hours. 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 within three workdays of your receipt of this
Notification Memorandum, unless you request and receive an extension for good cause. [ will
forward them to the separation authority.

6. If you fail to consult counsel, or to submit statements in your own behalf within the time
allotted, your failure shall constitute a waiver of your right to do so.

7. You have been scheduled for a medical examination. You must report to the 35th Medical
Group, on 28° Cez- , 1999, at /20 © _ hours. If you wear glasses, you must bring your
glasses to the examination. If you wear contacts, you must remove them the night before the

examination, /OU #¢80 Hace 4 mepicle EXAi( HATO OW 2K OFF o FH

AT (E70 ffRS AT PRIMARY CTR,

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 at the Office of the Area Defense Counsel,
Building 527, your orderly room, or the Base Publications Library.

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

  

7 Attachments: “
. Article 15, dtd 11 Aug 99

. Article 15, dtd 22 Mar 99

AF Form 1137, undated

. LOR, dtd 28 May 99

. LOC, dtd 4 May 99

. LOR, dtd 28 Dec 98

. LOR, dtd 28 Dec 98

ral

A