AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
TYPE ae PERSONAL APPEARANCE X RECORD REVIEW

 

 

__] NAME OF COUNSEL AND OR ORGANIZATION

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

 

 

 

 

 

 

 

 

 

 

VOTE OF THE BOARD _
MEMBER SITTING HON GEN | UOTHC - OTHER ‘| DENY
ay x
ny x
hy *
| x
ly x

 

ISSUES A94.05 INDEX NUMBER A67.10

 

_ EXHIBITS SUBMITTED TO THE BOARD

 

ORDER APPOINTING THE BOARD

 

APPLICATION FOR REVIEW OF DISCHARGE

 

LETTER OF NOTIFICATION

 

de [Go [DO [ee

BRIEF OF PERSONNEL FILE

 

COUNSEL’S RELEASE TO THE BOARD

 

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

TAPE RECORDING OF PERSONAL APPERANCE

 

HEARING DATE

24 Nov 2003

CASE NUMBER

 

FD-2001-0526

    

Case heard at Washington, D.C.

 

 

E REVIEW BOARD. DECISIO)

 

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to
submit an application to the AFBCMR

 

 

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

 

   

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

1535 COMMAND DR, EE WING, 3RD 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 FD-2001-0526

GENERAL: The applicant appeals for upgrade of discharge to honorable, change the reason and authority
for the discharge and change the reenlistment code.

The applicant was offered a personal appearance before the Discharge Review Board (DRB) but declined to
exercise this right.

The attached brief contains 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 reenlistment code is
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.

ISSUE: Applicant contends discharge was inequitable because it was too harsh. The records indicated the
applicant received two Article 15s. The first one for willfully disobeyed a direct order to not operate a motor
vehicle on base because of lack of insurance. The second one was for a failure to go. Additionally, he
received two Letters of Reprimand for dereliction of duty and for larceny. 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. If he can
provide additional documented information to substantiate an issue, the applicant should consider exercising
his right to a personal appearance before the Board. If he should choose to exercise his 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.

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

Attachment:
Examiner's Brief
, FD2001-0526
DEPARTMENT OF THE AIR FORCE

AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former AMN) (HGH A1C)

 

1. MATTER UNDER REVIEW: Appl rec'd a GEN Disch fr USAF 90/02/22 UP AFR 39-10,
para 5-46 (Misconduct - Minor Disciplinary Infractions). Appeals for Honorable
Discharge, to Change the RE Code, and Change the Reason and Authority for Disch.

2. BACKGROUND:

a. DOB: 68/03/17. Enlmt Age: 17 9/12. Disch Age: 21 11/12. Educ:HS DIPL.
AFQT: N/A. A-74, E-46, G-44, M-58. PAFSC: 70250 - Information Management
Specialist. DAS: 88/06/03.

b. Prior Sv: (1) Enlisted Army National Guard as Pvt E-2 86/01/04. Swvd: 1
yr 7 months 26 days, of which AMS is 4 months 27 days.

3. SERVICE UNDER REVIEW:
a. Enlisted as Amn 88/03/31 for 4 yrs. Svd: 01 Yrs 10 Mo 22 Das, all AMS.
b. Grade Status: AMN - 90/01/03 (Article 15, 90/01/03)
c. Time Lost: none.

d. Art 15's: (1) 90/01/03, Offutt AFB, NE - Article 90. That you,
having received a lawful command from Colonel ------- '
your superior commissioned officer, then known by you
to be your superior commissioned officer, to not
operate any motor vehicle (other than a military
vehicle in the performance of your duties, as stated in
amending order dated 12 Sep 89, by Colonel ------- ) on
Offutt AFB, or words to that effect, did, on or about
21 Dec 89, willfully disobey the same. Reduction to
Amn, forfeiture of $250.00 per month for 2 months.

(No appeal) (No mitigation)

(2) 89/03/03, Offutt AFB, NE - Article 86. You, did, on or
about 21 Feb 89, without authority, fail to go at the
time prescribed to your appointed place of duty. You
are hereby reducd to the grade of AB (suspended until
27 Aug 89), and 30 days correctional custody.

(No appeal) (No mitigation)

e. Additional: LOR, 05 FEB 90 - Larceny.
LOR, 24 FEB 89 - Dereliction of duty.

£. CM: none.
FD2001-0526

g. Record of SV: 88/03/31 - 89/03/30 Offutt AFB 6 (Annual)
90/03/31 - 89/11/29 Offutt AFB 4 (Initial)

d

(Discharged from Offutt AFB)
h. Awards & Decs: AFTR, AFOUA.

1. Stmt of Sv: TMS: (03) Yrs (06) Mos (18) Das
TAMS: (02) Yrs (03) Mos (19) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 01/11/15.
(Change Discharge to Honorable, Change the RE Code, and Change the Reason
and Authority for Discharge)

Issue 1: My General, under Honorable Conditions discharge was based upon
and stated to be result of the inability to conform and adjust to military
standards. This reason, as you will see on attachments may have been incorrect
and made in haste.

Issue 2: The Re-enlistment code of "2B" based upon the reason for discharge
is restrictive of my ability to Re-enlist in the Guard or Reserves to continue
out an enlistment.

ATCH

1. Letter to Discharge Review Board.
2. DD Forms 214 (Active Air Force, and Army National Guard).
3. Civilian Performance Appraisals.
4. Letters of Appreciation.

5. Letters of Commendation.

6. Letters of Congratulations.

7. Letter of Information.

8. Certificates of Completion.

9. Congratulatory Letters.

10. Certificate of Completion.

02/03/1li/ia
PD26c/ - 05x

CONSTTUT Ig,

       

' ‘

DEPARTMENT OF THE AIR FORCE a tay,
HEADQUARTERS 55TH STRATEGIC RECONNAISSANCE WING (SAC) £ %
OFFUTT AIR FORCE BASE, NEBRASKA 68113-SO00 = F
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REPLY TO
ATTN. OF:

   

SUBJECT: Legal Review - Recommendation for Discharge,

neat

To: ce

1. BASIS FOR THE ACTION: This discharge action was initiated on 12 Feb 90

by the Commander, Mission Support Squadron (SAC), who recommends
respondent’s separation from the Air Force with a general (under honorable
conditions) discharge without offering probation and rehabilitation (P&R)
under AFR 39-10, Chapter 7. This action is baged on the authority of AFR
39-10, paragraph 5-46, Misconduct - Minor Disciplinary Infractions.

2. EVIDENCE FOR THE GOVERNMENT: The supporting evidence consists of

one offense of larceny on or about 14 Dec 89 for which gM eceived
a UIF/LOR on 7 Feb 90, one failure to obey on 21 Dec 89 for which he

received an Article 15, UCMJ, one failure to go on 21 Feb 89 for which
he received an Article 15, UCMJ and one dereliction of duty on 17 Feb 89
for which he received an UIF/LOR.

3. EVIDENCE FOR THE RESPONDENT: iy i; 21 years old. He
enlisted in the USAF on 31 Mar 88 and has been a member of the Air Force

Since that time. He wears the Air Force Training Ribbon. aie

enlisted performance report was an overall “4° and his airman performance
report was an overall °*6". The respondent acknowledged receipt of this
action on 12 Feb 90 and submitted a statement on 14 Feb 90.

4. OTHER PERTINENT INFORMATION: elie veceived a medical evaluation
on 08 Feb 90 with a finding that he is medically qualified for worldwide

duty.
5. DISCUSSION:

a. According to AFR 39-10, paragraph 5-2, airmen should, as a rule, be
given an opportunity to overcome their deficiencies before discharge action
Starts. However, ne as been given every opportunity to improve
his behavior. Further rehabilitation is not in the best interests of the
Air Force.

‘b. RIRMMMMMMAnas not generally met Air Force standards of
acceptable conduct and performance of duty. In a 12-month period, the
respondent has committed four disciplinary infractions. There appears to
be an insufficient evidentiary basis to warrant a UOTHC. However, his

service has not been “so meritorious that any characterization (other than
honorable) would be inappropriate.” Therefore, a general discharge is

appropriate.

Peace... .is our Profession
ec. In his statment of 14 Feb 90, MMBME makes reference to his
being late to work on 12 Feb 89 and the alleged action which followed.

However, this offense is not included as part of the basis for his
discharge and no evidence of such is included in his notification package.
Disregarding this failure to report to work on time, there are still
sufficient reasons to establish a basis for this action.

d. I find this action legally sufficient and in substantial procedural
compliance with the provisions of AFR 39-10.

e. Debarment is often used to ensure that good order and discipline
is maintained at Air Force installations. Due to the fact that Smee
has been involved in numerous disciplinary infractions, we recommend

debarment of Sinem

f. As special court-martial convening authority, you have the
following options:

(1) Retain the respondent;

(2) Direct the discharge of respondent with a general discharge
with or without offering P&R;

(3) Return the case to the unit commander with direction that a
new case file be prepared recommending an under other than honorable
conditions discharge (UOTHC). If a recommendation for a discharge under
other than honorable conditions is approved, the respondent must be given
the opportunity to request a board hearing; or

(4) Recommend to 15 AF/CC that he discharge respondent with an
honorable discharge with or without offering P&R.

6. RECOMMENDATION: I recommend you approve this action and direct
respondent’s separation with a general (under honorable conditions)
discharge and that an opportunity for formal probation and rehabilitation

under AFR 39-10, Chapter 7 not be offered.

1 Atch
Case File
REPLY TO
ATTN. OF: cc

 

f-D2OEOl~ VPA]

 

12 February 1990

sumect, Notification Letter

 

1. I am recommending you for discharge from the United States Air Force
for Misconduct - 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 ag honorable or general. I am
recommending that your service be characterized as general (under honorable
conditions).

2. My reasons for this action are:

a. LARCENY: On or about 14 Dec 89, you unlawfully took a money order
which you knew did not belong to you without permission and later cashed
and spent the money. You received a UIF/LOR for this offense. Atch 1-1

b. FAILURE TO OBEY: On or about 21 Dec 89, you, having received a
lawful command from a superior commissioned officer, to not operate any
motor vehicle (other than a military vehicle in the performance of your
duties) on Offutt AFB, did willfully disobey the same. You received an
Article 15, UCMJ, for this offense. Atch 1-2

c. FAILURE TO GO: On or about 21 Feb 89, you did, without authority,
fail to go at the time prescribed to your appointed place of duty. You
received an Article 15, UCMJ, for this offense. Atch 1-3

d. DERELICTION OF DUTY: On or about 17 Feb 89, at Offutt AFB, NE.,
Education Office, you placed three unauthorized telephone calls on the
Embry Riddle University commercial extension. You received a UIF/LOR for

this offense. Atch 1-4

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 consult with

sea. the Area Defense Counsel office, Bldg 526,

Offutt AFB, on 12 Feb 90, at 0900 hours. You may consult civilian counsel
at your own expense.

Peace....is our Profession

: : _,cONSTTUTIgg
DEPARTMENT OF THE AIR FORCE ey,
SS5TH MISSION SUPPORT SQUADRON (SAC) £ %
OFFUTT AIR FORCE BASE, NEBRASKA 68113-5000 : e
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4. You have the right to submit statements in your own behalf. Any
statements you want the separation authority to consider must reach me by

15 Jan 90, 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 submit statements in your own behalf,
your failure will constitute a waiver of your right to do so.

6. You have completed a medical examination at the Ehrling Bergquist
Strategic Hospital, Physical Exama Section at 0700 hours on 08 Feb 90.

7. Any personal information you furnish in rebuttal is covered by the
Privacy Act ag explained in AFR 39-10, Atch 6.