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; AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
aae.. AIC
TYPE
PERSONAL APPEARANCE X RECORD REVIEW
COUNSEL NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
YES NO
°
VOTE-OF THE BOARD
MEMBERS SITTING HON GEN TuoTHc OTHER DENY
X
Sas x
_ x
a x
ny x
ISSUES INDEX NUMBER EXHIBITS SUBMITTED TO THE:BOARD
A94,=05 A67.10 1 | ORDER APPOINTING THE BOARD
2 | APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION
HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE
6 FEB 03 FD2001-0190 COUNSELS RELEASE TO THEBOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

 

 

 

 

APPLIGANT/S, ISSUE AND. THE BOARD’S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED-AIR. FORCE DISCHARGE REVIEW BOARD DECISIQNAL RATIONALE.

 

 

REMARKS

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 PRESLDENT

     
 
   

DATE: 6 FEB 03

 

 

INDORSEMENT
TO: FROM:
SAF/MIBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
350 C STREET WEST, SUITE 40 AIR FORCE DISCHARGE REVIEW BOARD
RANDOLPH AFR, TX 78150-4742 1535 COMMAND DR, LE 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 for Drug Abuse and Minor Disciplinary Infractions. His offenses
included receiving an Article 15 for willfully failing to report a major vehicle accident and an Article 15 for
wrongfully using marijuana on divers occasions. The applicant states that he let the stress of the job get the
best of him. He also said he lied about using marijuana. After a through and complete consideration of the
information submitted by the applicant and information contained in the record, the Board concluded there
was no mitigation or extenuation to substantiate upgrade of the discharge.

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
FDO1-00190
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former A1C)

 

1. MATTER UNDER REVIEW: Appl rec'd a GEN Disch fr USAF 93/04/07 UP AFR 39-10,
para 5-46 (Misconduct - Law Enforcement Specialist). Appeals for Honorable
Disch.

2. BACKGROUND:

a. DOB: 69/09/12. Enlmt Age: 18 5/12. Disch Age: 23 6/12. Educ:HS DIPL.
AFOT: N/A. A-77, E-58, G-44, M-39. PAFSC: 81152 ~- Law Enforcement Special.
DAS: 04/87.

b. Prior Sv: (1) AFRes 88/03/03 - 89/01/10 (8 months 10 days) (Inactive).

(2) Enlisted as AB 89/01/11 for 4 yrs. Svd: 3 yrs 1 month 13
days, all AMS. AMN-(EPR Indicates) : 89/01/11-90/08/11. AIC - 90/05/11. SRA -
92/01/11. EPRs: 4,4,5.

3. SERVICE UNDER REVIEW:
a. Reenlisted as SRA 92/02/24 for 4 yrs. Svd: 1 Yrs 1 Mo 14 Das, all AMS,
b. Grade Status: AI1C - 93/02/16 (ART 15, 93/02/16)
c. Time Lost: none.

as. Art 15’s: (1) 93/02/16, March AFB, CA - Article 92. You, were, o/a
23 Jan 93, derelict in the performance of your duties in
that you willfully failed to follow established regulations
and guidelines by wrongfully allowing a civilian person to
accompany you while on patrol, as it was your duty to do
so. Reduction to AIC. (No appeal) (No mitigation)

e. Additional: LOR/UIF, 28 DEC 92 - Violation of orders.
Loc, 29 JUL 92 - Lack of professionalism.

LOC, 27 JUL 92 - Removal from Phase II for lack of
seriousness of training.

LOC, 11 MAR 92 - Reporting late to training class.

Ff. CM: = none.
g. Record of SV: 91/08/16 - 92/11/18 March AFB 3 (Annual)

(Discharged from March AFB)

h. Awards & Decs: AFCM, AFAM 2/1 OLC, AFGCM, NDSM, AFOSSTR, AFTR, AFLSAR,
AFOUA 2/1 OLC,
FDO1-00190

1. Stmt of Sv: TMS: (5) Yrs (1) Mos (5) Das
TAMS: (4) Yrs (2) Mos (27) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 01/06/05.
(Change Discharge to Honorable)

Issue 1: Six months before my discharge I received a Good Conduct Medal for
3 years perfect service with nothing on my record. My first discharge was
Honorable and I was permitted to reenlist. After my reenlistment my Law
Enforcement Flight was taken over by a new Lt. He didn't like me from the
beggining (sic) and constantly harrassed me. I obtained a bad reputation due to
his harrassing. When the flight was taken over by MSGT. ------~- and the Lt.
left, he was advised of my reputation. This was the beggining (sic) of the end.
True some of problem was due to a few missed appointments but most of problem
was due to others opinion of me based in part to my preceeding reputation when I
presented my evidence to my commander he stated "I know the guys who did this
and they wouldn't do this to someone like you." I had no bad points on my
record., I was awarded a commendation, 2 achievement medals as an E-3. How can
in 6 mos go from a credit to Airforce (sic) to being kicked out. Please your
good judgement (sic) is needed to right this injustice.

ATCH
none.

01/07/23/ia
FD01-00190

DEPARTMENT OF THE AIR FORCE
HEADQUARTERS 22D AIR REFUELING WING (AMC)

 

glial the administrative discharge file regarding gee:

and find it legally sufficient.

2 iP ieeCOander has recomended he be discharged from the Air Force
under AFR 39-10, Chapter 5, Section H, Paragraph 5-46, Minor Disciplinary
Infractions, with a general discharge certificate without probation and
rehabilitation. I concur.

3. malities ncpcatedty failed to act in a professional manner and take his
training seriously. He was derelict in the perfommnce of his duties,

violated a written general order, ami failed to act with the proper
professionalism required of a March AFB gate quard. Prior to this discharge
action he received an Article 15, two letters of counselling, two letters of
reprimand, an Unfavorable Informition File Action, and a Letter from his
trainer.

4. By letter dated 12 Mar 93, after consulting with counsel, S@MRiimwived
his right to submit statements in his behalf.

5. | entered the Air Force 11 Jan 89 and his current tem of
enlistment that same date. He is entitled to wear the Air Force
Training Ribbon, the National Defense Service Medal, Air Force Overseas
Service Long Tour Ribbon, Air Force Overseas Service Short ‘our Ribbon, Air
Force Achievement. Medal with ane Oak Leaf Cluster; and on Air Force
Commendation Medal.

 

7. There are no irregularities that materially affect the rights of qa

  
 

‘failed to meet minimum Aix Force
d in misconduct which has detracted

from quod’ cates and discipline. Therefore, his service has not met Air Force
standards and a general discharge is appropriate.
Force.with a general discharge wi

FD01-00190

9. A review of @¢RMBGem overall military record indicates probation and
rehabilitation is not appropriate since he has already received an Article
15, several written counselling, and several letters of reprimand, incloding
an Unfavorable Infomation File Action for his misconduct.

special court-martial convening authority exercising jurisdiction
F you may:

 
 

b. Recommend he be discharged from the Air Force with an honorable
discharge with or without probation and rehabilitation and forward the file to
the Caumander, 15th Air Force, for the final decision; or

c. Direct he be discharged from the Air Force with a general discharge
with or without probation and rehabilitation.

11. I recomend you direct the i ia discharge of §
probation and
FD01-00190

DEPARTMENT OF THE AIR FORCE
HEADQUARTERS 22D AIR REFUELING WING (AMC)

 

FROM: 22 SPS/CC Ji March 1993

SUBJ: Notification Letter

 

1. I am recommending your discharge from the United States Air Force for
Minor Disciplinary Infractions. The authority for this action is AFR 39-10,
paragraph 5-46. If my recommendation is approved, your service will be
characterized as honorable, or general. I am recommending your service be
characterized as general.

2. My reasons for this action are:

a. On or about 23 Jan 1993, you were derelict in the performance of your
duties by wrongfully allowing a civilian person to accompany you while on
patrol. Reference Article 15 dated 10 Mar 93.

b. Qn or about 10 Dec 92, you violated a written general order, to wit:
22 SPS BR OL 125-3 and Special Law Enforcement Instruction Number 9.
Reference Letter of Reprimand/Unfavorable Information File, dated 28 Dec 92.

c. On or about 7 Dec 92, you failed to go to squadron training as it was
your duty to do. Reference Letter of Reprimand dated 9 Dec 1992

da. On or about 29 Jul 1992, you failed to act with the proper
professionalism required of a March Air Force Base gate guard. Reference
Ietter of Counseling, dated 29 Jul 92.

e. On or about 27 Jul 1992, you were removed from Phase IT training for
Law Enforcement patrolman for a period of one month due to your lack of
seriousness of your training. Reference letter dated 27 Jul 92.

£. On or about 1] Mar 1992, you reported late for training class.
Reference Letter of Counseling dated 11 Mar 92.

Copies of the documents to be forwarded to the separation authority in support
of this recommendation are attached. The Commander exercising SPCM
jurisdiction or 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.

3. You have the right to consult counsel. Military legal counsel has been
obtained to assist you. I have made an appointment for you to consul ye
Defense Counsel, at Bldg 440 on 12 March 93, at 1330 hours «

You may consult civilian counsel at your own expense.

AMC--GLOBAL REACH FOR AMERICA
“ | | FD01-00190

4. You have the right to submit statements in your own behalf. Any

statements you went the separation authority to consider must reach me within
three duty days of receipt of this letter. Unless you request and receive an
extension for good cause shown, I will send them to the separation authority.

5. 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.

6. You have been scheduled for a medical examination. You mist report to the
22d Medical Group, March AFB, CA, at 0730 hours, on 12 Mar 93 for the
examination.

7. 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 the unit orderly roon.

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

  

2 Atch
1. Supporting documents for the
reasons for discharge
a. Art 15 dtd 10 Mar 93 w/atch
LOR/UIF dtd 28 Dec 92 w/atch
LOR dtd 9 Dec 92
LOC dtd 29 Jul 92
. Letter from Trainer dtd 27
Jul 92.
g. Ic dtd 11 Mar 92
2. Airman’s Receipt of Notification
Letter

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