‘ AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
[TYPE —
X PERSONAL APPEARANCE RECORD REVIEW
COUNSEL. NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL ™~
YES NO
x | 4
, WOTE OF THE BOAR CO
MEMBERS SITTING HON EC OTHER DENY
5 x TO
aes ae
a x
————__ x*
ISSUES INDEX NUMBER “EMHIBITS SUBMITTED TOTHE BOARD.
A93.02, A94.02 A67.10 1 | ORDER APPOINTING THE BOARD
2 | APPLICATION FOR REVIEW OF DISCHARGE
3 LETTER OF NOTIFICATION
NEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE
3 FEB 03 FD2001-0382 COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPERANCE HEARING
| APPEANT S ISSUE AND THE BOARD 8S DECINONAL RATIONAL ARE DISUUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE,
“REMARKS = —

Case heard at Travis AFB, California.
Advise applicant of the decision of the Board.

* Change the Reason for discharge to Secretarial Authority.

+ Change the RE Code to 3K.

 

SIGNATURE OF RECORDER SIGNATURE OF BOAR

  
  

 

 

  

 INDORSEMENT: DATE: 3 FEB 03

 

 

TO: FROM:

 

 

 

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 FD2001-0382

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

The applicant appeared and testified before the Discharge Review Board (DRB), without counsel, at Travis
AFB, CA on February 3, 2003. The following additional exhibits were submitted at the hearing:

Exhibit 5: Applicant’s contentions.

Exhibit 6: Letter of appreciation, from 90" Security Police Group Commander, 24 Aug 90

Exhibit 7: Letter of appreciation, from 90" Security Police Group Commander, undated

Exhibit 8: Letter of appreciation, from HQ 90" Strategic Missile Wing Commander, 28 Aug 90
Exhibit 9: Letter of appreciation, from 88 MSS Commander, 25 Sept 1990

Exhibit 10: Letter of appreciation, from 88 MSS Commander, 19 Sept 1990

Exhibit 11: Assoc Degree, Career College of Northern Nevada, July 22, 1993

Exhibit 12: Cert of Achievement, Windows 2000 Core-[mplementing/Administering, 15-19 Oct 200]
Exhibit 13: Cert. Attendance, Management, Supporting and Troubleshooting Windows Registry, 21 Jun 01
Exhibit 14: Cert. Attendance, Supporting and Troubleshooting Optimizing Windows, 11 Jul 01
Exhibit 15: Cert. of completion, Integrated Financial System, 15 Jun 2000

Exhibit 16: Cert. of completion, Preventing Sexual Harassment, 27 Jun 2001

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

FINDINGS: The Board grants the requested relief.

The Board finds that neither the evidence of record nor that provided by the applicant substantiates an
impropriety that would justify upgrade of the discharge. However, after a thorough review of the record
and considering testimony and evidence submitted by the applicant the Board finds that the applicant’s
character of discharge and reason for discharge are inequitable.

ISSUES: The applicant was discharged with a General Discharge for Misconduct — Minor Disciplinary
Infractions. The records indicated the applicant received an Article 15 for failure to complete his one and a
half mile run in the manner prescribed by running 15 laps around the gym. He also received a Letter of
Reprimand for underage drinking, and a Letter of Reprimand for altering his target. Evidence of testimony
and the records lead the board to conclude that significant mitigating circumstances not considered by the
commander may have lead to retention on probation for rehabilitation. The Board opined based on the
positive aspects of the applicant’s duty and post service accomplishments reflecting positively on his
character, that he may have been retained for an opportunity for rehabilitation. While the Board did not
condone the applicant’s incidents of willful misconduct, they did feel it more equitable to characterize his
service as honorable. The DRB also opined that the reason for discharge should be changed to Secretarial
Authority and to change his RE 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 also concludes that the overall quality of applicant’s
service is more accurately reflected by an Honorable discharge. The applicant’s characterization for
discharge should be changed to Honorable, Secretarial Authority, and the RE Code changed to 3K under the
provisions of Title 10, USC 1553.

Attachment:
Examiner's Brief
FD2001-0382
DEPARTMENT OF THE ATR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

——_ an

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 91/03/14 UP AFR 39-10,

para 5-46 (Misconduct - Minor Disciplinary Infractions). Appeals for Honorable
Disch,

2. BACKGROUND:

a. DOB: 71/05/12. Enlmt Age: 17 4/12. Disch Age: 19 10/12. Educ:HS DIPL.
AFQT: N/A. A-70, E-52, G-44, M-37. PAFSC: 81150 - Security Specialist.
DAS: 90/01/04.

b. Prior Sv: (1) AFRes 88/09/19 - 89/08/07 (10 months 20 days) (Inactive) .
3. SERVICE UNDER REVIEW:
a. Enlisted as AB 89/08/08 for 4 yrs. Svd: 01 Yrs 07 Mo 07 Das, all AMS.

b.' Grade Status: AB - 91/02/20
AMN - 90/02/08

c. Time Lost: none.

d. Art 15's: (1) 91/02/20, F.E. Warren AFB, WY - Article 92. You, who
knew of your duties, on or about 6 Feb 91, were
derelict in the performance of those duties in that you
willfully failed to complete a one and a half mile run
in the manner prescribed by running 15 laps around the
outside of the indoor gym, as it was your duty to do.
Reduction to AB, and 15 days extra duty.

(No appeal) (No mitigation)

e. Additional: LOR, 11 DEC 90 - Failure to obey a lawful order.
LOR, O07 JUN 90 - Underage drinking.

f. CM: none.
g. Record of SV: none.
(Discharged from F.E. Warren AFB)

h. Awards & Decs: AFTR, NDSM.

1. Stmt of Sv: TMS: (02) Yrs (05) Mos (26) Das
TAMS: (01) Yrs (07) Mos (07) Das
FD2001-0382

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 01/09/20.
(Change Discharge to Honorable)

Issue 1: At the time of discharge I was not given any options to correct my
disciplinary actions. I believe that my service record with the articles of
appreciation and Certificates will show that I was committed to the United
States Air Force and I did not have the proper leadership. I am hoping to
reenlist into the National Guard and finish the service to my country.

ATCH
none.

02/02/20/ia
FD2001-0382—

DEPARTMENT OF THE AIR FORCE

HEADQUARTERS 90TH STRATEGIC MISSILE WING (SAC)
FRANCIS E. WARREN AIR FORCE BASE, WYOMING 62005-5000

 

arm oF JA ARSC rn 6 March 1991

suwect. Legal Review: Discharge under Provisions of AFR 39-10, Chap 5, Para 5-46 (AB
To 90 SMW/CC

1. Basis for Action: AFR 39-10, chapter 5, paragraph 5-46, a pattern of
misconduct consisting solely of minor disciplinary infractions in the current
enlistment. The squadron commander has recommended separation with a general
discharge and that the member not be considered as a candidate for probation
and rehabilitation under AFR 39-10, chapter 7. <@@MMM consulted counsel and
submitted a statement in his own behalf.

2. Facts: The squadron commander's report with attachments accurately
reflects the information substantiating thie action. ae 19 years of
age and has served on active duty since 8 August 1989. is duty title is
Mobile Fire Team Member, AFSC 81130. There has been substantial compliance
with the provisions of AFR 39-10, and the record is legally sufficient to
sustain a general discharge. A physical must be completed prior to
separation.

3. Discussion: Ina mere handful of incidents within the last eight months,
Wile has clearly demonstrated his unsuitability for military life. In June
of 1990, he drank alcohol while underage and violated a Cheyenne ordinance by

possessing an open container of alcohol in a public place. For this he
received a civilian citation and an LOR/UIF. In September of 1990, he
apparently failed to complete his aerobics run and received an LOR. However,
this LOR was missing from the Personnel Information File, and is not included
in this package. In December of 1990, he punched holes in his target with a
pen in an attempt to qualify while firing at the Security Police Combat
Course, For this he received another LOR/UIF and was placed on the control
_ roster. Finally, on 6 February 1991, SHRI cheated while running his
aerobics run. Specifically, instead of running on the indoor track for each
entire loop, he shortened his laps by cutting across the interior of the
track. For this he received an Article 15, and this discharge was initiated.

4. Other Derogatory Data: None.

5. Errors or Discrepancies: In the absence of any documentation
substantiating the missed aerobics run, you should not consider that
allegation either as a basis for discharge or for discharge characterization.
Even discounting the missing LOR, this package is sufficient to justify
discharge,

6. Member's Statement: In his handwritten response, @@MQMMP offers no
explanation for his misconduct, neither does he request retention or a higher

character of discharge. He admits he has had problems and resolves to make a
go of civilian life,

War is our profession -- Peace is our product
pp REA- O3EZ

7. Options: As the separation authority in this case, you may:

a. Direct retention.

b. Recommend 15AF/CC approve an honorable discharge with or without
probation and rehabilitation,

c. Approve a general discharge with or without probation and
rehabilitation.

8. Recommendation: I concur with the squadron commander in recommending you
approve a discharge with no probation and rehabilitation.