AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

AFSN/SSAN

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

AIC

 

  

PERSONAL APPEARANCE X RECORD REVIEW

COUNSEE 02) NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
YES NO

   

 

 

 

, VOTE OF THE BOARD

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MEMBERS SITTING HON GEN UOTHC
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| 1ssuES.~——~:”~C~C~“‘:S:;*S””””..VCdY INDEX NUMBER O~COTCUCOCOCOCOCOU EN BT'S SUBMITTED TO THE BOARD:
A95.00 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
1 MAY 03 FD2002-0529 | ——_

COUNSEL'S RELEASE TO THE BOARD

 

 

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 
  
 

 

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

—_—_—

 

 

REMARKS

Case heard at Washington, D.C.

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.

 

    

_INDORSEMENT DATE; 1 MAY 03

 

   

 

 

 

 

esi

 

 

 

 

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 FD02-0529

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 the applicant submitted no issues contesting the equity or propriety of the discharge,
and after a thorough review of the record, the Board was able to identify none that would justify a change of
discharge.

ISSUE: The applicant submitted no issues and requested that the review be completed based on the
available service record. The Board reviewed the entire record and found no evidence of impropriety or
inequity in this case on which to base an upgrade of discharge. The records indicated applicant received an
Article15 for being disrespectful in deportment toward a SSgt; derelict in the performance of his duties in
that he willfully failed to perform his assigned security checks at building 27502 and building 27503 on
numerous occasions. In addition, he received a Record of Individual Counseling for being derelict in his
duty and for being disrespectful to an NCO and received four AETC Forms 341 for failure to report for
formation, found sleeping in dorm, talking in formation, being late for formation and failure to perform
required CQ duties. The Board concluded the disciplinary infractions were a significant departure from the
conduct expected of all military members. The Board found no evidence of impropriety or inequity in this
case on which to base an upgrade of 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.

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
FD2002-00529

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

MISSING MEDICAL RECORDS

(Former A1C) (HGH A1C)

 

1. MATTER UNDER REVIEW: Appl rec'd a GEN Disch fr USAF 18 Jun 02 UP AFI 36-
3208, para 5.49 (Misconduct - Minor Disciplinary Infractions). Appeals for
Honorable Disch.

2. BACKGROUND:

a. DOB: 7 Mar 83. Enlmt Age: 17 2/12. Disch Age: 19 3/12. Educ: HS DIPL.
AFQT: N/A. A-72, E-72, G-53, M-67. PAFSC: 2E131 — Sattelite, Wideband and

Telemetry Systems. DAS: 3 Sep Ol.

b. Prior Sv: (1) AFRes 20 May 00 - 16 Jul O1 (1 Year 1 Month 27
Days) (Inactive).

3. ##SERVICE UNDER REVIEW:

a. Enld as AB 17 Jul O1 for 6 yrs. Svd: 0 Yrs 11 Mos 2 Das, all AMS.
b. Grade Status: AIC - 31 AUG O01

c. Time Lost: None

d. Art 15's: (1) 15 May 02, Fort Gordon, GA - Article 91. You, on or
about 18 Apr 02, were disrespectful in deportment
toward SSGT ----- , a NCO, then known by you to be a
superior NCO, who was then in the execution of his
office, by not standing at the position of parade rest
when the area was called to standby. Article 92. You,
who knew of your duties at or near Fort Gordon, GA, on
or about 18 Apr 02, were derelict in the performance of
those duties in that you willfully failed to perform
your assigned security checks at building 27502 and
building 27503, as it was your duty to do. You, having
knowledge of a lawful order issued by SRA ------- to
perform required security checks at building 25703, an
order which it was your duty to obey, did, on or about
18 Apr 02, failed to obey the order. You, having
knowledge of a lawful order issued by SSGT --------- to
perform required security checks at building 25703, an
order which it was your duty to obey, did, on or about
18 Apr 02, failed to obey the order. Article 86. You,
did, on or about 20 Apr 02, without authority, failed
to go at the time prescribed to your appointed place of
duty, to wit:
“) f(D2002- 08 $29

 

DEPARTMENT OF THE AIR FORCE
AIR EDUCATION AND TRAINING COMMAND

 

MEMORANDUM FOR A | Caines enn MAY 28 2002

FROM: DET 1, 338 TRS/CC
SUBJECT: Notification Memorandum

1. Iam recommending your discharge from the United States Air Force for minor disciplinary
infractions, The authority for this action is AFPD 36-32 and AFI 36-3208, Chapter 5, Section H,
paragraph 5.49. If my recommendation is approved, your discharge will be described as
honorable or general. I am recommending that your service be characterized as general.

2. My reasons for this action are:
a. On 15 May 02, you received Article 15, UCMJ, punishment for the following infractions:

i. On or about 18 Apr 02, you were disrespectful in deportment toward Staff Sergeant

Se noncommissioned officer, then known by you to be a superior noncommissioned
officer, Who was then in the execution of his office, by not standing at the position of parade rest

when the area was called to standby. (Atch 1, Appendix A w/atchs)

ii, On or about 18 Apr 02, you were derelict in the performance of your duties by willfully
failing to perform your assigned security checks at building 25702 and building 25703, as it was
your duty to do. (Atch 1, Appendix A w/atchs)

iii. On or about 18 Apr 02, you having knowledge of a lawful order issued by —
ip: perform required security checks at building 25703, an order which it was your duty to
obey, failed to obey the order. (Atch 1, Appendix A w/atchs)

. iv. On or about 18 Apr 02, you having knowledge of a lawful order issued ye
© perform required security checks at building 25703, an order which it was your duty to

obey, failed to obey the order. (Atch 1, Appendix A w/atchs)

v. On 20 Apr 02, you failed to go at the time prescribed to your appointed place of duty, to
wit: Remedial Training at the Non-prior Service Dorm, Building 25703. (Atch 1, Appendix A
w/atchs)

vi. On 18 Apr 02, without proper authority, you went from your assigned place of duty, to
wit: Charge of Quarters. (Atch 1, Appendix A w/atchs)
EP200L- OOF 29

vii. On 19 Apr 02, you failed to go at the time prescribed to your appointed place of duty, to
wit: evening formation. (Atch 1, Appendix A w/atchs)

b. On 13 Feb 02, you were late to the 0545 hours formation as noted by Al C.aggijiifon AETC
Form 341, dated 13 Feb 02, for which you were counseled. (Atch 1, Appendix B)

c. On 28 Jan 02, you were observed talking while in formation as noted by AL GQ on AETC
Form 341, dated 28 Jan 02, for which you were counseled. (Atch 1, Appendix C)

a.

d. On9 Jan 02, you failed to report to the 0545 hours formation and was found to be sleeping in
your dorm as noted on AETC Form 341, dated 9 Jan 02, for which you were counseled. (Atch 1,
Appendix D)

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 higher 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. Any special pay, bonuses, or education assistance funds may be
subject to recoupment.

4. You have the right to consult legal counsel. Military legal counsel is available to assist you.
You can call the Keesler ADC at DSN 597-2429. You may consult civilian counsel at your own
expense.

5. You have the right to submit statements on your own behalf. Any statements you want the
separation authority to consider must reach me by 31 May 2002 by 1630 hours unless you 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 statements in your own behalf, your failure will
constitute a waiver of your right to do so.

7. You had a seperation medical physical on 2 March 2002. You are not required to have
another physical unless you have some new medical concerns that you want to have checked out.

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 Bldg 25702, CSS.

9, Execute the attached acknowledgment and return it to me immediately.

Attachments:
Attachments:
1. Supporting Documents
a. AF Form 3070, dated 15 May 02 w/atchs
b. AETC Form 341, dated 13 Feb 02
c. AETC Form 341, dated 28 Jan 02
d. AETC Form 341, dated 9 Jan 02
2. Airman’s Receipt of Notification Memorandum
,3. Airman’s Statement
4. Medical Examination

ATCH 1