AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

      

 

 

 

  

 

 

 

  

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
Cian
_
X PERSONAL APPEARANCE RECORD REVIEW
[SCOUNSEL, “| NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
| __ a AMERICAN LEGION
, TT, VOTE OF THE BOARD”

MEMBERS SITTING in Ta ane er DENY
Ue X
aes | X
—————_  — «

nT
X
/X* |

ISSUES INDEX NUMBER [ian EXMIBUS SUBMITTED TO THE BOARD
A94.05 A92.35 A94.09 A67.10 1 | ORDER APPOINTING THEBOARD

2 | APPLICATION FOR REVIEW OF DISCHARGE

3 (| LETTER OF NOTIFICATION
HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE
26 JUN 03 FD2001-0466

   

COUNSEL’S RELEASE TO THE BOARD

 

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 
 
 
 

 

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

 

     

y BOA ESORAD ROUTE: TIONALEL ©
‘ : oo Me ‘a

 

Case heard at Washington, D.C.

Advise applicant of the decision of the Board, and of the right to submit an application to the AFBCMR.
*Change the Reason and Authority to Secretarial Authority.

+Change reenlistment code.

SIGNATURE OF RECOM a SIGNATURE OF BOARD PRESIDENT _

 

 

 

SAF/MIBR SECRETARY OF THE AJR 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 wil] be used.
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE. } gp9001-0466

GENERAL: The applicant appeals for upgrade of discharge to Honorable, change of reason for discharge,
and change of reenlistment eligibility (RE) code.

The applicant appeared and testified before the Discharge Review Board (DRB), with counsel at Andrews
_| AFB, MD on June 26, 2003. No additional exhibits were submitted at the hearing.

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

FINDINGS: Upgrade of discharge, change of reason for discharge, and change of RE code are denied.

The Board finds that neither the evidence of record nor that provided by the applicant substantiates an
inequity or impropriety that would justify a change of discharge. The applicant's issues are listed in the
attached brief.

Issue 1. Applicant contends discharge was inequitable because it was too harsh. The records indicated the
applicant received an Article 15 for violating a lawful instruction by entering the dormitory quarters of a
member of the opposite sex, an Article 15 for disrespectful language toward a superior NCO, a Letter of
Counseling for failing to use a Technical Order, a Letter of Counseling for not using the chain of command,
a Letter of Counseling for using tobacco products in a military facility, and eight Letters of Counseling for
being late for work. The DRB opined that through these administrative actions, the applicant had ample
opportunities to change his negative behavior. The Board concluded the misconduct was a significant
departure from conduct expected of all military members. The characterization of the discharge received by
the applicant was found to be appropriate.

Issue 2. Applicant states that his discharge did not take into account the good things he did while in the
service. The DRB took note of the applicant's duty performance as documented by his performance reports,
letters of recommendation, and other accomplishments. They found the seriousness of the willful
misconduct offset any positive aspects of the applicant's duty performance. The DRB recognized the fact
that the applicant had served almost five years total service before the discharge was initiated, but
concluded the applicant’s misconduct outweighed the positive aspects of his time in the Air Force. The
Board concluded the discharge was appropriate for the reasons that were the basis for this case.

Issue 3. The applicant cited his desire to reenlist in the armed forces of the United States. The Board was
sympathetic to the impact the reenlistment code was having on the applicant, but this is not a matter of
inequity or impropriety that would warrant an upgrade.

CONCLUSIONS: The Discharge Review Board concludes that the discharge was consistent with the
procedural and substantive requirements of the discharge regulation, was within the discretion of the
discharge authority, and that the applicant was provided full administrative due process.

In view of the foregoing findings the board further concludes that there exists no legal or equitable basis for
upgrade of discharge, change of reason for discharge, or change of RE code, thus the applicant's discharge
should not be changed.

Attachment:
Examiner's Brief
FD2001-0466
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 01/03/16 UP AFI 36-
3208, para 5.49 (Misconduct - Minor Disciplinary Infractions). Appeals for
Honorable Discharge, Change in RE Code, and to Change the Reason and Authority
for Disch.

2. BACKGROUND:

a. DOB: 76/12/25. Enlmt Age: 19 0/12. Disch Age: 24 2/12. Educ:HS DIPL.
AFOT: N/A. A-93, E-73, G-64, M-56. PAFSC: 2A652 - Aerospace Ground Equipment
Journeyman, DAS: 97/05/02.

b. Prior Sv: (1) AFRes 96/01/23 - 96/04/23 (3 months 1 day) (Inactive).
3. SERVICE UNDER REVIEW:

a. Enld as AB 96/04/24 for 6 yrs. Svd: 04 Yrs 10 Mo 23 Das, all AMS.

b. Grade Status: A1C - 00/12/18 (Article 15, 00/12/18)
SRA - Unknown
Alc - 97/12/05 :
AMN ~- 97/02/05 (Article 15, 97/02/05)
Alc - (EPR Indicates): 96/04/24-97/12/23
AMN - (EPR Indicates): 96/04/24-97/12/23

¢. Time Lost: none.

d. Art 15’s: (1) 00/12/18, Ellsworth AFB, SD - Article 91. You, on or
about 22 Nov 00, were disrespectful in language toward TSgt
ae een , a superior noncommissioned officer, then known by
you to be a superior noncommissioned officer, who was then
in the execution of his office, by saying to him, "Until
you show me respect, I won't show you any respect," or
words to that effect. Rdn to AIC. (Appeal/Denied)

(No mitigation)

(2) 97/02/05, Sheppard AFB, TX - Article 92. You did, on or
about 19 Jan 97, violate a lawful general instruction, to
wit: paragraph 2.1.9, Sheppard AFBI 36-2902, dated 25 Sep
96, by wrongfully entering the dormitory living quarters of
a member of the opposite sex. Rdn to Amn, forfeiture of
$505.00 pay per month for two months (suspended until 4 Aug
97), and 30 days correctional custody. (No appeal)

(No mitigation)

e. Additional: LOC, 09 JUN 97 - Dereliction of duty.
FD2001-0466

LOC, O01 JUL 97 - Failure to go.
‘ LOC, 12 AUG 97 - Failure to use Chain of Command.
LOC, 03 SEP 97 - Late for work.
LOC, 17 AUG 98 - Late for work.
LOC, 09 SEP 98 - Late for work.
LOC, 23 AUG 99 - Late for work.
LOC, 08 SEP 99 - Late for work.
Loc, 17 JUL 00 - Late for work.
LOC, 04 OCT 00 ~ Late for duty & disrespect for authority.
LOC, 23 OCT 00 - Failure to comply with Air Force
Regulation.

£. CM: none.

g. Record of SV: 96/04/24 - 97/12/23 Ellsworth AFB 3 (Initial)
97/12/24 - 98/10/04 Ellsworth AFB 3 (Annual)
98/10/05 - 99/10/04 Ellsworth AFB 2 (Annual) REF
99/10/05 - 00/04/05 Ellsworth AFB 3 | (CRO)

(Discharged from Ellsworth AFB)
h. Awards & Decs: AFLSAR, AFTR, AFEM, AFOUA, AFGCM.

i. Stmt of Sv: TMS: (05) Yrs (01) Mos (24) Das
TAMS: (04) Yrs (10) Mos (23) Das-

4, BASIS ADVANCED FOR REVIEW: Appin (DD Fm 293) dtd 01/07/30. .

(Change Discharge to Honorable, Change the RE Code, and Change the Reason
and Authority for Discharge)

ISSUES ATTACHED TO BRIEF.

ATCH

Congressional Correspondence.

. Letter to the Discharge Review Board.
. DD Form 214.

. Report on Individual Person (PA).

. Three Certificates of Recognition...

. Two Letters of Appreciation,

Auf Ww hee

01/11/15/ia
. | FD200l- 0 466 |

“To Whom It May Concern: |

CS 2 requesting review of my administrative discharge from the
US Air Force dated 16 March 2001.

According to the documents provided me, my administrative discharge was based upon a
history of minor disciplinary infractions to whit:

Letters of Counseling regarding Failure to Report for Duty (lateness)

Letter of Counseling regarding Improper Use of Smokeless Tobacco

Letter of Counseling regarding Failure to Follow Instructions (Not having a Technical
Order present when working on equipment.

Article 15 dated 5 February 1997 - Entering the dormitory residence of a member of the
opposite sex

Article 15 dated 18 December 2000 — Disrespect to a Noncommissioned Officer

Before I offer the following information in my own defense, I would offer the following
in my behalf:

Good Conduct Medal, awarded September 16, 2000. The award was never made to me

personally, but I was advised upon being separated that it had been issued on the date
noted.

Promotion to Senior Airman, dated 5 August 1999,

Promotion to Airman First Class, dated 5 August 1998.

First Sergeant Sharp Troop Award, awarded 17 December 1998.

Letter of Commendation, for Excellence presented 15 December 1998.

Letter of Appreciation, for Excellence presented 19 December 1998.

Letter of Appreciation, for Outstanding Performance by supporting the 3-on-3 Youth
Basketball Tournaments for Drug Awareness in both October of 1999, and 2000
Commanders Excellence Coin Presented 15 December 1998.

In reference to the Letters of Counseling for Failure to Report for Duty: Onall occasions

where I reported to duty later than my prescribed time, I telephoned my section and
advised them of the circumstances regarding my projected lateness. I was advised to
report to work as soon as possible and did so,

My lateness on three occasions in 1997 was due to breaks in my crew rest caused by the
biological mother of my son, Thomas. I was notified in 1997 that I had a son, age 3. At
the same time his mother began calling my dormitory during the late night to early
morning hours, insisting on speaking to me concerning his health and needs. As a direct
result of these calls, which often lasted for 20 — 30 minutes, I became restless and
concerned and found it difficult to return to sleep.

In 1999, my wife RQMpwas pregnant with our son,4aMi During her last trimester
she encountered difficulty and required constant medical appointments and check ups.
FDRCO/-DVE

On several occasions I felt it best to accompany her to these appointments/take her to the
emergency room, due to her health at that time. Again, I contacted my unit, advised them
of the situation, and the potential for not reporting on time and was given no indication
that there would be any problem with supporting my spouse’s medical needs at that time.
It was only after arrival that I was advised and given 3 letters of counseling.

Tn 2000, my son, @Mebegan experiencing sleep disorders and seizures. Again several
trips to the emergency room, an MRI appointment and other medical appointments often.
required my presence. On 5 occasions I reported to my section via telephone, advised
them and was again assured that no problem existed. Again this was not the situation
when I arrived to duty and was issued 3 letters of counseling.

In reference to the Letter of Counseling, dated October 25 2000, Use of Smokeless
Tobacco, at the time I was told that I was in violation of using tobacco products I was ina
training session with other Airman and NCO’s who were also ‘dipping.’ I assumed,
however in error, that our location and training status permitted us to use that tobacco
product in that area, As soon as it was identified that this was not the case, I rid myself of
the tobacco product and have not engaged in that activity in the work area since.

In reference to the Article 15, Entering the dormitory room of a member of the opposite
sex, there is no defense. I was young, new to the Air Force, and foolish and made a
foolish mistake. I believe that [ made a serious error in judgment and paid for it.

The Article 15, Disrespect to a Noncommissioned Officer, dated 18 December 2000,
occurred during a situation provoked by Tsgéi/@iMiMwhen a statement I made in October
2000 was perceived as inappropriate by my section Sergeant. He then called me into his
office space with another NCO. The section Sergeant became extremely profane and
began lambasting me about my inadequacies, lack of professionalism and attitude
problems. I had just completed Anger Management Counseling (voluntary enrollment)
and was advised by my counselor to remove myself from potentially volatile situations. I
requested no less than three times respectfully to remove myself from the room as I felt

_ that the conduct of the NCO was less than professional and was at the same.time being
lectured on professional conduct. The NCO refused to allow me to do so. This encounter
resulted in my being charged with disrespect and the subsequent Article 15. The Article
15 was presented to me in December 2000. I consulted with the Inspector General Office
regarding this incident and was advised that more than 60 days had passed since the

occurrence of the incident and they were no longer able to advise or investigate this
matter.

Gentlemen, I do not profess that I am without fault or could not improve my personal and
professional demeanor. I have strived to make corrections when faults have been
identified, to improve when offered the opportunity and to adjust when necessary to the
circumstances involved. I do however feel that my entire career package was not
considered when this discharge was initiated, [ have always felt that the military career
was my chosen path. I feel that I have served my country with dignity and honor. The
discharge code assigned to my discharge paperwork prevents me from seeking any
PD 2t0f-ofGe

further military service with any other military force. I believe that this is an injustice
and am seeking your help in rectifying this situation. I firmly believe that I still have
much to offer the military, be it Air Force or another service. I hope that you will offer
me the opportunity to prove to both you and myself that I can be the type of service
member who can make not only his family, but his country proud.

I thank you for your time and consideration of my request and look forward to your
positive response.
“Dados f- OF ¢
JEPARTMENT OF THE AIR FORC.. F f- OF 96
HEADQUARTERS 28™ BOMB WING (ACC)

ELLSWORTH AIR FORCE BASE, SOUTH DAKOTA

 

MEMORANDUM FOR 28 BW/CC
FROM: 28 BW/JA

SUBJECT: Administrative Discharge — AB

 

R28 MXS

1. Ihave reviewed the proposed discharge action case file and find it legally sufficient to support a
decision to separate Respondent with an under honorable conditions (general) discharge without
Probation and Rehabilitation (P & R).

2. Background:

a. Respondent is a 20-year-old Mobile Hydrant Operator assigned to the 28" Maintenance
Squadron. His TAFMSD is 24 Apr 96, and he began his six-year enlistment on 24 Apr 96. He. was
assigned to his present unit on 2 May 97.

b. Respondent’s squadron commander properly notified Respondent of his recommendation to
separate Respondent under the provisions of AFI 36-3208, Chapter 5, Section H, paragraph 5.49, for
misconduct involving minor disciplinary infractions, with an under honorable conditions (general)
discharge. Since Respondent is not entitled to a board hearing, this case has been properly pursued
via the notification procedures of AFI 36-3208, Chapter 6, Section B.

3. Evidence for the Government: Respondent has a history of disciplinary problems and has
failed to respond to any rehabilitative efforts.

a. Respondent did, at or near Sheppard Air Force Base, Texas, on or about 19 Jan 97, violate a
lawful general instruction, to wit: paragraph 2.1.9, Sheppard Air Force Base, Instruction
36-2902, dated 25 Sep 96, by wrongfully entering the dormitory living quarters of a member of the
opposite sex. For this action, Respondent was punished under Article 15, UCMJ, on 5 Feb 97.
Punishment was reduction to the grade of airman, suspended forfeiture of $505.00 pay per month
for two months, and 30 days correctional custody. This Article 15 established Respondent’s
Unfavorable Information File (UIF).

b. On or about 9 Jun 97, Senior Aimar RMS served Respondent performing a
wheel bearing inspection and repack without using a Technical Order (TO). Respondent had been

briefed more than once on using TOs when performing his assigned tasks. For this action, ©
Respondent received a Letter of Counseling (LOC) on 9 Jun 97.

Global Power for America
FD 22071~ of @ G

c. Respondent did, on or about 1 Jul 97, fail to report at the time prescribed time to his appointed

place of duty to wit: 28th Maintenance Squadron. For this action, Respondent received an LOC on
1 Jul 97.

d. Respondent did, on or about 11 Jul 97, contact Staff Sergeant [ATM requesting
that he be allowed to use a compensation day Respondent said he earned while working in the main
shop. Respondent failed to inform SSgt tifathat he had previously contacted Technical Sergeant
que ic: the same request and was told he was unaware of any compensation day due to

Respondent. For this action, Respondent received an LOC on 12 Aug 97.

e. Respondent did, on or about 3 Sep 97, fail to report at the time prescribed to his appointed
place of duty, to wit: 28th Maintenance Squadron. For this action, Respondent received an LOC on
3 Sep 97.

f. Respondent did, on or about 17 Aug 98, fail to report at the time prescribed to his appointed

place of duty, to wit: 28th Maintenance Squadron. For this action, Respondent received an LOC on
17 Aug 98.

g. Respondent did, on or about 9 Sep 98, fail to report at the time prescribed to his appointed
place of duty, to wit: 28th Maintenance Squadron. For this action, Respondent received an LOC on
9 Sep 98.

h. Respondent did, on or about 23 Aug 99, fail to report at the time prescribed to his appointed

place of duty, to wit: 28th Maintenance Squadron. For this action, Respondent received an LOC on
23 Aug 99.

i. Respondent did, on or about 8 Sep 99, fail to report at the time prescribed to his appointed

place of duty, to wit: 28th Maintenance Squadron. For this action, Respondent received an LOC on
8 Sep 99. — .

j. Respondent did, on or about 17 Jul 00, fail to report at the time prescribed to his appointed

place of duty, to wit: 28th Maintenance Squadron. For this action, Respondent received an LOC on
17 Jul 00.

k. Respondent did, on or about 4 Oct 00, fail to report at the time prescribed to his appointed

place of duty, to wit: 28th Maintenance Squadron. For this action, Respondent received an LOC on
4 Oct 00.

1, Respondent was, at or near Ellsworth Air Force Base, South Dakota, on or about 23 Oct 00,

witnessed by Staff SergeantMRechewing tobacco at dock 21. It is unlawful to use any
tobacco products inside any military facility. Respondent was verbally counseled for this on several

occasions. For this action, Respondent received an LOC on 23 Oct 00. This LOC reestablished
Respondent’s Unfavorable Information File (UIF).
PD 200(- 0406

m. Respondent, at or near Ellsworth Air Force Base, South Dakota, on or about 22 Nov 00, was
disrespectful in language toward Technical Sergeant a 2 superior non-
commissioned officer, then known by Respondent to be a superior non-commissioned officer, who
was then in the execution of his office, by saying to him “Until you show me respect, I won’t show
you any respect,” or words to that effect. For this action, Respondent was punished under Article
15, UCMJ, on 18 Dec 00. Punishment was reduction to the grade of airman first class. This Article
15 was added to his UIF,

4. Evidence for the Respondent: Respondent’s unit properly notified Respondent of his right to
submit statements in his behalf for your consideration (Tab D). On 5 Mar 01, Respondent consulted
counsel and submitted statements for your consideration (Tab H). Respondent states that he knows
he can accomplish great things for his family and the Air Force if allowed the chance to stay on
active duty. Respondent asks that he be given P & R so that he can prove to all of his superiors that
he can be a benefit to the Air Force. Respondent also states that he knows he cannot only be a great
father but an outstanding airman. Respondent further requested that if the decision is made to
discharge him, that he be recommended for an honorable discharge.

5. Discussion: During his military career, Respondent has engaged in minor disciplinary
infractions necessitating his administrative discharge. He received 11 LOCs, two Article 15s and
three UIF entries. Although Respondent’s unit did not ideally respond to Respondent’s misconduct
with progressive disciplinary action as relates to the 11 LOCs, the evidence in this package is still
sufficient to support administrative discharge in this case. Respondent’s misconduct is clearly
incompatible with further military service. With regard to the characterization of his discharge, the
negative aspects of Respondent’s service outweigh any positive contributions he has made in his Air —
Force career. Accordingly, an under honorable conditions (general) discharge characterization is
warranted. Respondent’s continued disciplinary problems, despite the unit’s efforts, demonstrate
his poor rehabilitative potential. Therefore, I do not recommend P & R in conjunction with this
discharge.

6. Errors and Irregularities: note no errors or irregularities prejudicial to the Respondent’s
substantive or procedural rights.

7. Options: As separation authority in this case, you may:
a. Direct retention, if you determine the evidence does not warrant discharge; or

b. Forward this case.to 8 AF/CC with the recommendation that the Respondent receive an
honorable discharge with or without P & R; or

c. Return this case to the unit for re-initiation, with the recommendation that the Respondent
receive an under other than honorable conditions discharge; or

d. Direct the Respondent’s separation with an under honorable conditions (general) discharge
with or without P & R.
FD2C0/- O¥6G4

8. Recommendation: Direct the Respondent’s separation with an under honorable conditions
(general) discharge without P & R. A proposed memorandum to that effect is attached for your
signature.

    

Staff Judge Advocate™

Attachments:

1. Proposed letter
2. Case file
FD2e°/- 94g
DEPARTMENT OF THE AIR FORCE

HEADQUARTERS 28™ BOMB WING (ACC)
ELLSWORTH AIR FORCE BASE, SOUTH DAKOTA

 

MEMORANDUM FOR AIRMAN FIRST CLAS

 

FROM: 28 MXS/CC
SUBJECT: Notification Memorandum

1. Lam recommending your discharge from the United States Air Force for misconduct
involving minor disciplinary infractions. The authority for this action is AFPD.36-32 and AFI
36-3208, paragraph 5.49. If my recommendation is approved, your service will be characterized
as honorable or under honorable conditions (general). I am recommending that your service be
characterized as under honorable conditions (general).

2. My reasons for this discharge action are the following:

a. You did, at or near Sheppard Air Force Base, Texas, on or about 19 Jan 97, violate a
lawful general instruction, to wit: paragraph 2.1.9, Sheppard Air Force Base, Instruction
36-2902, dated 25 Sep 96, by wrongfully entering the dormitory living quarters of a member of
the opposite sex. For this action, you were punished under Article 15, UCM, on 5 Feb 97.
Punishment was reduction to the grade of airman, suspended forfeiture of $505.00 pay per month
for two months, and 30 days correctional custody.

b. On or about 9 Jun 97, Senior Airman WR > serves you performing a
wheel bearing inspection and repack without using a Technical Order (TO). You had been
briefed more than once on using TOs when performing your assigned tasks. For this action, you
received a Letter of Counseling (LOC) on 9 Jun 97.

c. You did, on or about 1 Jul 97, fail to report at the time prescribed time to your appointed

place of duty to wit, 28th Maintenance Squadron. For this action, you received an LOC on
1 Jul 97.

d. You did, on or about 11 Jul 97, contact Staff Sergeant QU requesting that
you be allowed to use a comp day you said you earned while working in the main shop. You

failed to inform SSgt @@#Bthat you had previously contacted Technical Sergear tility
with the same request and was told he was unaware of any comp day due to you. For this action,
you received an LOC on 12 Aug 97.

e. You did, on or about 3 Sep 97, fail to report at the time prescribed to your appointed place
of duty, to wit: 28th Maintenance Squadron. For this action you received an LOC on 3 Sep 97.

f. You did, on or about 17 Aug 98, fail to report at the time prescribed to your appointed

place of duty, to wit: 28th Maintenance Squadron. For this action you received an LOC on
17 Aug 98.
PDR2C0- 3f 66

g. You did, on or about 9 Sep 98, fail to report at the time prescribed to your appointed place
of duty, to wit: 28th Maintenance Squadron. For this action you received an LOC on 9 Sep 98.

h. You did, on or about 23 Aug 99, fail to report at the time prescribed to your appointed
place of duty, to wit: 28th Maintenance Squadron. For this action you received an LOC on
23 Aug 99.

i. You did, on or about 8 Sep 99, fail to report at the time prescribed to your appointed place
of duty, to wit: 28th Maintenance Squadron. For this action you received an LOC on 8 Sep 99.

j. You did, on or about 17 Jul 00, fail to report at the time prescribed to your appointed place
of duty, to wit: 28th Maintenance Squadron. For this action you received an LOC on 17 Jul 00.

k. You did, on or about 4 Oct 00, fail to report at the time prescribed to your appointed place
of duty, to wit: 28th Maintenance Squadron. For this action, you received an LOC on 4 Oct 00.

]. You were, at or near Elisworth Air Force Base, South Dakota, on or about 23 Oct 00,
witnessed by Staff Sergeant Sec hewing tobacco at dock 21. It is unlawful to use
any tobacco products inside any military facility. You were verbally counseled of this on several
occasions. For this action, you received an LOC on 23 Oct 00. This LOC established your
Unfavorable Information File (UIF).

m. You, at or near Ellsworth Air Force Base, South Dakota, on or about 22 Nov 00, were
disrespectful in language toward Technical Sergeant (i a superior non-
commissioned officer, then known by you to be a superior non-commissioned officer, who was
then in the execution of his office, by saying to him “Until you show me respect, I won’t show
you any respect,” or words to that effect. For this action, you were punished under Article 15,
UCMSG, on 18 Dec 00. Punishment was reduction to the grade of airman first class. This Article
15 was added to your UIF.

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 decide whether you will be discharged or retained in the Air Force and, if you are
discharged, how your discharge 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.

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 consult the Cap tai ee. Area Defense
Counsel, 385-2158, 1000 Ellsworth Street, Suite 1700 on _\ Bh 01 at OBcehours. You

may consult civilian counsel at your own expense. Wos

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 8 F601 at \§3© hours, unless you

ros
rl
fDa2cor-ed¢&

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 matters 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 the Physical Exams
Section of the Base Clinic on 5F€6dFeb-1 at /620__ hours for the examination. This is a
mandatory appointment and you must be in uniform. You must report at least 15 minutes in
advance to this appointment to complete necessary paperwork.

 

 

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.

     

Pt Col, USAF |

  

Commander

Attachments:
1. Supporting documents
a. Article 15/UIF — 5 Feb 97
b. LOC ~ 9 Jun 97
c. LOC - 1 Jul 97
d. LOC 12 Aug 97
e. LOC - 3 Sep 97
f. LOC - 17 Aug 98
g. LOC - 9 Sep 98
h. LOC -23 Aug 99
i, LOC ~8 Sep 99
j. LOC — 17 Jul 00
k. LOC - 4 Oct 00
I. LOC/UIF — 23 Oct 00
m. Art 15/UIF — 18 Dec 00
2. Airman's Acknowledgment