AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN

AMN

SS Re en et ee ee on

 

RECORD REVIEW

ADDRESS AND OR ORGANIZATION OF CGHNSEL

AMERICAN LEGION

 

 

 

MEMBERS SITTING HON GEN DENY
a x |

EXEUBITS SUBMITTED 10 THE BOARD
ORDER APPOINTING THE BOARD

APPLICATION FOR REVIEW OF DISCHARGE

Xx
X

 

 

        

INDEX NUMBER

A 67.90

  
   
   

ISSUES

A93.33, A94.06

 

LETTER OF NOTIFICATION
BRIEF OF PERSONNEL FILE

COUNSEL’S RELEASE TO THE BOARD

ee ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
c PERSONAI. APPEARANCE

HEARING DATE CASE NUMBER

030603 FD2001-0553

 

 

 

 

/ TAPE RECORDING OF PERSONAL APPERANCE HEARING

ry =

REMARKS

Case heard at Washington, D.C.

* Change reason for discharge to Secretarial Authority.

 

  

    
   
     

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

1535 COMMAND DR, EE WING, 3°” FLOOR

ANDREWS AFB, MD 20762-7002

Previous edition will be used.

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

    
 

 

   
   

AFHQ FORM 0-2077, JAN 00
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD2001-0853

GENERAL: The applicant appeals for upgrade of his general discharge to honorable. The applicant
appeared and testified before the Board with counsel, at Andrews AFB MD on March 6, 2003. The

applicant’s father ag RMMIINg 2 present and testified at the hearing.

The attached brief contains the available pertinent data on the applicant and the factors leading to the
discharge. The following additional exhibits were presented at the hearing; copy of a private pilots license,

two letters of recommendation, a college transcript, a certificate of training, and an acknowledgement of
“Local Area” policy dated July 28, 1999.

FINDINGS: The applicant’s request to change the characterization of his discharge to honorable is
granted. The DRB changed the narrative reason for the applicant’s separation from “misconduct” to
“Secretarial Authority.”

Issue: After reviewing the applicant’s record, the evidence he provided, and the documentary evidence in
the file, the DRB concluded there was sufficient mitigation to substantiate upgrading the discharge.
Specifically, the Board found the service characterization he received was too harsh. The Board noted the
respondent experienced conflicts with his supervisors that may have played a role in how his actions were
perceived. Although the DRB did not condone the applicant’s misconduct, his youth and the relatively
minor nature of his infractions convinced the Board that his service characterization should be upgraded to
honorable. Though not requested by the applicant, the DRB decided to change the narrative reason for his
separation from “misconduct” to Secretarial Authority.

None of the applicant’s remaining issues will be addressed as their resolution in the applicant’s favor would

not result in greater relief than is being afforded by the Board.
The Board also reviewed and considered the applicant’s entire service record before making a decision.

CONCLUSIONS: The DRB concludes the applicant’s 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. However, in view of the foregoing
findings, the DRB further concludes the applicant’s service characterization should be changed from

general to honorable and that the reason for discharge should be changed to Secretarial Authority.

Attachment:
Examiner's Brief
FD2001-0533

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

“pe tn (Former AMN) (HGH A1C)

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 99/10/13 UP AFI 36-3208,
para 5.50.2 (Pattern of Misconduct Prejudicial to Good Order and Discipline).
Appeals for Honorable Disch.

2. BACKGROUND:

a. DOB: 78/09/13. Enlmt Age: 18 10/12. Disch Age: 21 1/12. Educ:HS DIPL.
AFQT: N/A. A-83, E-82, G-76, M-91. PAFSC: 2A137 - Electronic Warfare Systems.

DAS: 98/08/30.

b. Prior Sv: (1) APRes 97/07/30 - 97/12/28 (4 months 29 days) (Inactive).

3. SERVICE UNDER REVIEW:
a. Enlisted as A1C 97/12/29 for 4 yrs. Svd: 01 Yrs 09 Mo 15 Das, all AMS.
b. Grade Status: AMN ~ 99/07/29 (Article 15, Vacation, 99/09/13).
c. Time Lost: none.

d. Art 15's: (1) 99/09/13, Vacation, Cannon AFB, NM - Article 92. You,
who knew of your duties, on or about 3 Sep 99, were
derelict in the performance of those duties in that you
willfully failed to satisfactorily clean the latrines
in building 679, as it was your duty to do. Article
107. You did, on or about 3 Sep 99, with intent to
deceive, make to SSgt ------ , an official statement, to
wit: "SSgt ------ checked my work," which statement was
totally false, and was known by you to be so false.
Reduction to Amn. (No appeal) (No mitigation)

(2) 99/07/29, Cannon AFB, NM - Article 92. You, having
knowledge of a lawful order issued by MSgt ----- to
inform your duty section of your whereabouts during a
10 day period of rest and reconstitution time by
signing a log book with such information, an order
which it was your duty to obey, did, between on or
about 01 July 99, fail to obey the same. You, having
knowledge of a lawful order issued by TSgt ----- to
move back into Spangdahlem Military Family housing,
building 408, apartment C-3 by the end of the weekend
covering 26-27 June 99, an order which it was your duty
to obey, did, between on or about 25 Jun 99 and on or
about 28 Jun 99, fail to obey the same. Reduction to
Amn (suspended until 28 Jan 00), 30 days restriction,
FD2001-0533
and 30 days extra duty. (Appeal/Denied) (No mitigation)

e. Additional: LOR, 27 SEP 99 - Failure to obey a lawful order.

RIC, 24 AUG 99 - Dereliction of duty.

RIC, 23 AUG 99 - Dereliction of duty.

RIC, 30 MAY 99 —- Failure to go.

RIC, 30 MAY 99 - Failure to go.

RIC, 24 FEB 99 - Failure to go.

RIC, 09 FEB 99 - Driving the wrong way through parking lot

after having been counseled not to.

£. CM: none.

g. Record of SV: 97/12/29 -— 99/08/28 Cannon AFB 1 (Initial) REF
(Discharged from Cannon AFB)

h. Awards & Decs: AFTR.

i. Stmt of Sv: TMS: (02) Yrs (02) Mos (04) Das
TAMS: (01) Yrs (09) Mos (15) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 01/11/27.
(Change Discharge to Honorable)

Issue 1: I believe that my General Discharge was inequitable because two
Sgts by the name of Sgt ------ and Sgt ------- had a personal vendetta to get me
discharged from the Air Force and communicated that with the rest of the staff
members in the shop. All of the issues are based on petty incidences which were
definitely subject to personal interpretation by these two sergeants. For
example, being written up by Sgt ------ for driving the wrong direction through
an empty parking lot at midnight after leaving my workshift. After being
written up, he told me "he didn't like me" and therefore wrote me up. Other
incidents were that the latrines were not cleaned properly, the insides of
washing machines not being cleaned thoroughly, weeds not properly being pulled.
These incidents happened while stationed at Cannon AFB, NM.

I had other incidents that occurred while I was stationed in Spangdahlem,
Germany which I think was based on a conspiracy to have me discharged by the
staff members who had associated with Sgts ------ and ----~-- in NM. For
example, I was written up for being late to work, although I was only late once
during my tour. Also, while in Germany, I was made out as an outcast with other
Airmen not speaking to me or even eating with me. After I returned to Cannon,
NM I was issued an Article 15 for not signing out on the weekend logbook while I
had official leave. Other Airmen who failed to sign out were not given an
Article 15. I feel that I was unjustly discharged with a General discharge that
should be reversed to an Honorable discharge. I want to move on with my life
and don't want this Military discharge holding me back.

ATCH
none.

02/04/05/ia
- FP 220f- 2553
DEPARTMENT OF THE AIR FORCE

HEADQUARTERS 27th FIGHTER WING (ACC)
CANNON AIR FORCE BASE NEW MEXICO

04 ocr i999

 

 

FROM: 27 CRS/CC

SUBJECT: Notification Memorandum

1. lam recommending your discharge from the United States Air Force for misconduct,
specifically, a pattern of misconduct prejudicial to good order and discipline. The authority for
this action is AFPD 36-32 and AFI 36-3208, paragraph 5.50.2. If my recommendation is
approved, your service will be characterized as honorable or general. I am recommending that
your service be characterized as general.

2. My reasons for this action are:

a. On or about 27 Sep 99, you failed to obey a lawful order, by wearing the rank of Airman
First Class after you had been reduced to the grade of Airman by a vacation of suspended
Nonjudicial Punishment dated 13 Sep 99. This misconduct is evidenced by a Letter of
Reprimand, dated 27 Sep 99, (Atch 1a).

b. On or about 3 Sep 99, you were derelict in your duties by failing to clean the latrines in —

building 679 as it was your duty to do so. On or about 3 Sep 99, with intent to deceive
ou made a false official statement. This misconduct is evidenced by a Vacation of
Nonjudicial Punishment, dated 16 Sep 99, (Atch 1b).

c. On or about 22 Aug 99, you were derelict in your duties by failing to clean the laundry
room in dorm 555, as evidenced by a Record of Individual Counseling, dated 24 Aug 99, (Atch
Ic).

d. On or about 23 Aug 99, you were derelict in your duties failing to perform your extra
duties, including the removal of weeds and cleaning the dayroom, as instructed. This misconduct
is evidenced by a Record of Individual Counseling, dated 23 Aug 99, (Atch 1d). *

e. Between on or about 1 Jul 99 and 12 Jul 99, you were derelict in your duties by failing to
inform your superiors of your whereabouts during a ten day rest period. Also between on or
about 25 Jun 99 and 28 Jun 99 you failed to obey a lawful order given to you by iii
to move into military housing in Spangdahlem Air Base, Germany. This misconduct is
evidenced by an Article 15 action, dated 29 Jul 99 and an Unfavorable Information File, dated 9
Aug 99, (Atch fe).

f. On or about 27 May 99, you failed to go to your appointed place of duty at the prescribed
time, as evidenced by a Record of Individual Counseling, dated 30 May 99, (Atch 1f).
FD220(-~05 35

g. On or about 29 May 99, you failed to go to your appointed place of duty at the prescribed
times, as evidenced by a Record of Individual Counseling, dated 30 May 99, (Atch 1g).

h. On or about 24 Feb 99 and 25 Feb 99, you failed to go to your appointed place of duty at

the prescribed times on two occasions, as evidenced by a Record of Individual Counseling, dated
25 Feb 99, (Atch 1h). .

i. On or about 9 Feb 99, you drove the wrong way through the parking lot of building 679
after having been counseled not to, as evidenced by a Record of Individual Counseling, dated
9 Feb 99, (Atch 1i).

j- On or about 11 Sep 98, you were derelict in the performance of your duties as bay orderly,

by leaving your bay orderly assignment, as evidenced by a Letter of Counseling, dated 11 Sep 98,
(Atch 1)).

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 service will be characterized. If you are discharged, you will be ineligible

for reenlistment in the Air Force. Special pay, bonuses, 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.
Ihave made an appointment for you to consul @QQQGRENMR at building 327, ext. 2915, on
at 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 3 workdays from today unless you request
and receive an extension for good cause shown. | will send them to the separation authority.

6. If you fail to consult counsel or to submit statements on your own behalf, your failure will
constitute a waiver of your right to do so.

7. You will complete a medical examination at the 27th Medical Group on 7 Oct 99 at 0730.

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 unit orderly room.

  

Attachments:
la. Letter of Reprimand, dated 27 Sep 99

1b. Vacation of Nonjudicial Punishment, dated 13 Sep 99