AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

   
 

 

 

 

 

[NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) | GRADE AFSN/SSAN
SRA . .
—— —4
PERSONAL APPEARANCE X RECORD REVIEW
: 2s NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

MEMBERS SITTING

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SORE APPOntING THECOARE

er NUMBER
A94.05 A67.10

 

 

1
2 | APPLICATION FOR REVIEW OF DISCHARGE
3

LETTER OF NOTIFICATION

 

 

 

 

BEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE
20 JUN 03 FD2002-0086

COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

 

 

 

 

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING
TERE SEMEN BOARD DPE RTGNIPEATIONAL

Nene fe

   

   
  
 

 

 

 

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.

 

SIGNATURE OF RECORDER

DATE: 20 JUN 03

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

1535 COMMAND DR, EE WING, 3"° FLOOR

ANDREWS AFB, MD 20762-7002

    

    
   
   
 

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

 

 

AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used.
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD02-0086

GENERAL: The applicant appeals for upgrade of discharge to Honorable and to change the RE Code.

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 neither evidence of record nor that provided by the applicant substantiates an inequity
or impropriety, which would justify a change of discharge.

ISSUE: Applicant states his discharge was too harsh because it was based on one Letter of Reprimand.
The record indicates the applicant received two Letters of Reprimand for failure to pay just debts, and
violation of AFR 35-10 standards, dereliction of duty, and disrespect toward two noncommissioned
officers. In addition, he received four Records of Individual Counseling and a Memorandum for Record for
failure to go (three times), delinquent debt, and dereliction of duty. It is obvious that there is more than just
one Letter of Reprimand. 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. The Board found no evidence of any inequity or impropriety on which to base a
decision to upgrade the 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
FD2002-0086
DEPARTMENT OF THE AIR FORCE

AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

a," (Former SRA) (HGH SRA)

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 94/05/20 UP AFR 39-10,

para 5-46 (Misconduct - Minor Disciplinary Infractions). Appeals for Honorable
Discharge and to Change the RE Code.

2. BACKGROUND:

a. DOB: 72/07/19. Enlmt Age: 17 0/12. Disch Age: 21 10/12. Educ:HS DIPL.
AFOQOT: N/A. A-56, E-77, G-68, M-91. PAFSC: 2A353A -— Tactical Aircraft
Maintenance Apprentice. DAS: 90/12/03.

b. Prior Sv: (1) AFRes 89/08/03 - 90/07/01 (10 months 29 days) (Inactive).

3. SERVICE UNDER REVIEW:

a. Enlisted as A1C 90/07/02 for 4 yrs. Svd: 03 Yrs 10 Mo 19 Das, all AMS,
b. Grade Status: SRA ~- 92/11/02
c. Time Lost: none.

d. Art 15’s: none.

e. Additional: AF 174, 24 OCT 91 - Failure to go.
AF 174, 08 NOV 91 —- Delinquent debt.
AF 174, 03 JAN 92 — Failure to go.
AF 174, 21 FEB 92 ~ Dereliction of duty.
MFR, 12 OCT 93 —- Failure to go.
LOR, 18 JAN 94 - Violation of AFR 35-10
standards,dereliction of duty, and

disrespect toward two noncommissioned
officers.

LOR, 08 APR 94 - Failure to pay just debts.

ff. CM: none.

g. Record of SV: 90/07/02 - 92/03/29 Kadena AB 2 (Initial)
92/03/30 - 93/03/29 Kadena AB 3. (Annual)
93/03/30 - 94/01/24 Kadena AB 2 (Cmdr Dir) REF
(Discharged from Edwards AFB)

h. Awards & Decs: AFGCM, NDSM, AFOSLTR, AFTR, AFOUA W/1 OLC.

i. Stmt of Sv: TMS: (04) Yrs (09) Mos (18) Das
FD2002-0086
TAMS: (03) Yrs (10) Mos (19) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 02/02/26.
(Change Discharge to Honorable and Change the RE Code)

Issue 1: My discharge be upgraded from a general to an Honorable. My
discharge is inequitable because it was based on one letter of Reprimand with
numerous write ups for the purpose of building a stronger case againts (sic) me
for discharge. The Letter of Reprimand was biased and did not include all the
facts of what really happened. As a result of the reprimand, an EPR was done,
and I received low marks. I feel that the EPR was biased as it only showed,
from my view that it did not include the whole reporting period, but only the
reprimand. I received low marks in areas where I feel I should have received
higher. As a result of the EPR, I was placed on a control roster March 18°.

On April 4™, 1994 the aircraft I was crewing crashed. As a result during that
week, I was in and out of safety boards and accident boards. The later part of
the same week I was crewing another jet when the NCOIC, the same one who gave me
the LOR, asked me to look at the aircraft forms and piont (sic) out the
mistakes, I looked through the forms found and corrected the mistakes. When he
came back he told me that I didn't know how to follow orders. Between that and
having my rights read to me I lost it. I sent down to my flight chief and ask
him to assign me to work in the dorm. I needed of (sic) the flight line. About
ten minutes later I was called into the commanders office and I then proceeded
to give him my line badge. I was told I was being discharged. I was officially
notified on May 4° of the reasons for my discharge. I feel that I wasn't give
(sic) time to show that I can change my ways and show that I can rehabilitate
myself. I was put on a control roster in January and four months later I was
discharged. I hope you will grant me this request and thank you for your time.

Issue 2: My reenlistment code be changed to a one or a waiver code.

ATCH

1. Applicant's Issues.

2. Performance Feedback Worksheet.

3. Certificates of course completion.

4. Quality Assurance Evaluations.

5. AF Form 418, Selective Reenlistment Consideration.
6, CAM training records.

7. DD Form 256, Honorable Discharge Certificate.

8. DD Form 4/1, Enlistment/Reenlistment Document.

02/06/10/ia
So 0  FPD2002- CO SG
gy DEPARTMENT OF THE AIR FORCE
PACIFIC AIR FORCES

 

6 May 1994

MEMORANDUM FOR 18 Wa/cC

FROM: 18 WQ/JA

Unit 5141, Box 40
APO AP 96368-5141

SUBJECT: Legal ieee Adminiatrative Digcharge - Sth ei

, 44 FS (PACAF), Kadena AB, Japan

1. BASIS: Lt C01 ea NRA eioa hag initiated thia administrative diacharge
action againat SrA Jamie . Sobota for Miaconduct-Minor Digciplinary
Infractions. The authority ton thie action ia AFR 39-10, paragraph 5-46. The
initiating commander hae recommended a general discharge without probation and
rehabilitation.

2. GOVERNMENT'S EVIDENCE: sr a lie has engaged in migconduct conaiating of
minor digciplinary infractions, apecifically:

a. On opr about 24 Oct 91, he failed to go at the time prescribed to hia

appointed place of duty. Aa a peault, he waa verbally counseled on 24 Oat 91
(Tab 1-1).

b. On op about 8 Nov 91, hia club account waa delinquent and he displayed

a lack of self-motivation. Ag a result, he waa verbally counseled on & Nov @1
{Tab 1-2).

o. On op about 3 Jan 92, he failed to go at the time prescribed to hig

appointed place of duty. Ag a reault, he wag verbally counaeled on 3 Jan 92
(Tab 1-3).

 

d. On or about 19 Feb 92 and on or about 20 Feb 02, he was derelict in
the performance of hia dutiea in that he failed to agaiat other airmen when

inatructed todo so. As a pesult, he wae verbally counseled on 21 Feb 92
(Tab 1-4).

e. On or about 12 Oct 93, he failed to go at the time prescribed to hia
appointed place of duty. Ag a peault, a Memo for Record wags accomplished on
the game day (Tab 1-8).

f. On or about 2 Dea 93, he failed to comply with AFR 38-10 in that he
needed a haircut. Additionally, between on or about 3 Dec 93 and on or about

7 Jan 94, he failed to perform his duties in the proper manner and he was
disrespectful towards two noncommissioned officers. As a regult,he received a
Letter of Reprimand on 18 Jan 94, an Unfavorable Information File was

established and he waa placed on the Control Roater (Tab 1-6).
; F P22O2~CO BE

   
 

g- On or about 21 Mar 64, he uttered checka to the Okinawa Area Exchange
service, totaling #108.90, which were returned due to ingufficient funda. Ag
a result, he waa acheduled for the Pergonal Financial Management Program on
8 Apr 94 and he received a Letter of Reprimand on 8 Apr 94 (Tab 1-7).

3. RESPONDENT’S EVIDENCE:

a. The reapondent, a 2l-year old airman, originally enlisted 2 Jul 90. .
Higa AQE acores are A-56, E-77, @-68, and M-91. Thia airman hag received
three eavaluation reports. His moat recent EPR which cloged out on 24 Jan 04

rated him an overall 2. The airman ia entitled to wear the medala, awards and
ribbons outlined in the commander’s recommendation.

b. The respondent was given the opportunity to congult with military
defense coungel but haa aubmitted a statement in preapongse to thia diacharge

action. SrA Sobota outlines hia childhood and his career in the Air Force.
He believes that he has served hia country honorably and prequeata that hig
service be characterized ag honorable.

4. ERRORS OR [RREGULARITIES: None noted.
5. DIsScussion:

a. AFR 39-10, paragraph 8-46, authorizea the involuntary cienee ct of

airmen who engage in minor digciplinary infractions. SrA eight
inatancea of misconduct resulted in two Lettera of Reprimand, eatablishment of

an Unfavorable Information File, placement on the Control Roaster, four verbal

coungelinga and one Memo for Record. These documented inatancea of
misconduct satiafy the requirementa of the regulation and justify discharge.

b. Characterization of aervice as general ig appropriate when gigniticant
negative agpecta of an airman's conduct outweigh poaitive asapecta of hia or
her military record. Baged on the continual nature of hia miaconduct,
characterization of SrA iii service ag general ig appropriate.

@. I aoncur with 44 FS/CC that probation and rehabilitation ia not

appropriate for this airman. The unit has made numerous attempts to
rehabilitate QrA Sobota. He did not take advantage of those opportunities.

There ig no reagon to believe that further rehabilitative efforta would be
effeotive.

6. OPTIONS: Ae apecial court-martial convening authority, you may:

a. Retain SrA ok. if you coneider digcharge unwarranted:

b, Direct a general diacharge with or without probation and
rehabilitation: or

c. Recommend that 5 AF/CC direct an honorable digcharge with or without
probation and rehabilitation.
ao é rs s: PD PAA L— oo 8G

 
 
    

. RECOMMENDATION:

I Yvecommend you direct a fseneral diacharge without probation and
/ pehabilitation by signing the attached letter. The point of contact for thig
J opinion ig Capt Fournier.

£

 
 

Staff Judge Advocate, 18th Wing

 
 

Attachments:

1. Diacharge Letter
2. Cage File
MEMORANDUM FOR SrA anaemia iia ie ie!

FROM: 44 FS/CC
Unit 5181 APR 9 © Iona
APO AP 96368-5181

SUBJECT: Notification Letter

1. I am recommending your discharge from the United States Air Force for
Misconduct~Minor Digciplinary Infractiona under the proviaiona of AFR 39-10,
paragraph 8-46. If my recommendation ig approved, your gepvice will be
characterized ‘aa honorable or general. I am recommending that your gervice
be characterized as general.

2. My reagona for thie action are, specifically:

a. On or about 24 Oct 91, you tailed to go at the time preseribed to your
appointed place of duty. As a result, you were verbally counseled on
24 Oct 91 (Tab 1-1).

b. On or about 8 Nov 91, your e@lub account wae delinquent and you
displayed a lack of gelf motivation. As a regult, you were verbally coungeled
on 4 Nov 91 (Tab 1-2).

ec. On or about 3 Jan 92, you falled to go at the time prescribed to your
appointed place of duty. A@ a reault, you were verbally eoungeled on 3 dan 92
(Tab 1-3).

d. On or about 19 Feb 92 and on or about 20 Feb 92, you were derelict in
the performance of your duties in that you tailed to agaiat other aipmen when

instructed to do go. Ag a peault, you were verbally coungeled on 21 Feb 92
{Tab 1-4).

@. On or about 12 Oct 93, you failed to go at the time preseribed to youn
appointed place of duty. Ags a result, a Memo for Record waa accomplighed on
the game day (Tab 1-8).

f. On or about 2 Dec 93, you failed to comply with AFR 38-10 in that you
needed a hairaut. Additionally, between on op about 3 Dee 93 and on or about
% Jan 94, you failed to perform your duties in the proper manner and you were
disrespectful toward two noncommigaioned officers. Aa 4a reault, you received
a Letter of Reprimand on 18 Jan 94, an Unfavorable Information File was
éegtablished and you were placed on the Control Roster (Tab 1-6).

&é. On or about 21 Mar 94, you uttered checks to the Okinawa Area Exchange
Service, totaling #108.90, which were returned dua to inaufficient funds. Ag
A pesult, you were echeduled for the Pergonal Financial Management
Program on 8 App 94 and you received a Letter of Reprimand on 8 Apr 94.
(Tab 1-7).
/ Pf PXI02 —-0? FO

opies of the documenta to be forwarded to the geparation authority in aupport
fot this recommendation are attached. The commander exercising SPCM
juriadiction or a higher authority will decide whether you will be discharged
op retained in the Air Force and, if you are digcharged, how your service will
be characterized. If you are discharged, you will be ineligible for
reenliatment in the Air Forae.

a. You have the pight to conault coungel. Military legal coungel hag heen -

obtained to agaliat you. T have made an appointment for you to consult
at the Area Defenge Coungel at Building 1460 on

28 APR"94” at _1000 hours. - You may conault civilian coungel at your own
expenge.

 

4. You have the right to submit atatements in your own behalf. Any atatemente
you want the separation authority to conaider muat peach me by 4 MAY 94
unles# you requeat and receive an extenaion for good cause shown. I will gend
them ta the separation authority.

5. If you fail to conault coungel or to submit statements in your own behalf,
your failure will aonetitute a waiver of your right to do go.

6. You have previously been echeduled for a medical examination on 7 Apr 94
at the Physical Exame Seation, 18th Medical Group, Kadena AB, Japan.

7. Any peraonal information you furnish in rebuttal ia covered by the Privacy
Act Statement ag explained in AFR 39-10, Attachment 2. A copy of AFR 39-10 ia
available for your uge in the opdarly room.

8. Exeaute the attached acknowledgment and return it to me immediately.

     

ee, Li Col, USAF
Commander, 44th Fighter Squadron

Attachmenta:

l. 24 Oat 91, Verbal
counseling; 8 Nov 91,

Verbal aoungeling:

3 Jan 92, Verbal coungeling:
21 Feb 92, Verbal coungeling:
12 Oat 93, MFR; 18 Jan 94, LOR/
WIF/CR; 8 Apr 94, LOR/PFMP/
dighonored check notices

2.