NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

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GRADE 

1  AM" 

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PERSONAL APPEARANCE 

RECORDREVIEW 

NAME OF COUNSEL AND OR ORGANIZATION 

ADDRESS AND OR ORGANIZATION OF COUNSEL 

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MEMBER SI'I"rING 

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ISSUES 

A94.06 

I  INDEX NUMBER 

A67.10 

HEARING DATE 
06 Dec 2003 

CASE NUMBER 

1  FD-2002-0152 

Case heard at Randolph AFB, Texas. 

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1  I  ORDER APPOINTING THE BOARD 
2  1  APPLICATION FOR REVIEW OF DISCHARGE 
3  1  LETTER OF NOTIFICATION 
4  I  BRIEF OF PERSONNEL FILE 

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COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL. APPEARANCE 

TAPE RECORDING OF PERSONAL APPERANCE 

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I 

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Advise applicant of the decision of the Board and the right to submit an application to the AFBCMR. 

TO: 

SAFlMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78 150-4742 

I FROM: 

-- 

SECRETARY OF TAF. AIR FORCE PERSONNEI, COUNCII, 
AIR FORCE DISCHARGE REVIEWBOARD 
1535 COMMAND D R  EE WING. 3 R D  FLOOR 
ANDREW AFB, MD 20762-7002 

-  - -  - - - - - 

AFHQ FORM 0-2077, J A N  00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD2002-0152 

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. 

'f 

FINDINGS:  Upgrade of discharge to Honorable is denied. 

The  Board  finds that  neither  the  evidence  of record  nor  that  provided  by  the  applicant  substantiates  an 
impropriety that would justify upgrade of the discharge. 

ISSUE:  Applicant contends discharge was inequitable because "it was too harsh". The information 
provided by the applicant and contained in his records was carefully reviewed by the DRB.  The records 
indicated the applicant received two Articles 15, three Letters of Reprimand, and five Records of Individual 
Counseling.  The misconduct included failure to go, dereliction of duty, left place of duty without 
authorization and failure to report.  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. 

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, thus the applicant's discharge should not be changed. 

Attachment: 
Examiner's Brief 

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 01/05/16 UP AFI 36-3208, 
Para 5.49  (Minor Disciplinary Infractions).  Appeals for Honorable Disch. 

2.  BACKGROUND: 

a. DOB: 79/04/15.  Enlmt Age: 18 6/12.  Disch Age: 22 1/12. Educ: HS DIPL. 

AFQT: N/A.  A-40,  E-45,  G-50,  M-45. PAFSC: 33751 Fire Protection. 
DAS: 98/06/06. 

b.  Prior Sv: (1) AFRes 97/10/27 -  97/12/28 (2 Mos 2 Days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AMN 97/12/29 for 4 yrs. Svd: 3 Yrs 4 Mo 18 Das, all AMS. 

b.  Grade Status: AMN -  00/08/16 (Vacation of Art 15, dated 01/03/01) 

A1C -  98/10/29 
AMN -  97/12/29 

c.  Time Lost: None 

d.  Art 15's:  (1) 01/03/01, Vacation, Randolph AFB TX, Article 86. You 

did, on divers occasions, between on or about 27 Jan 2001, 
and on or about 6 Feb 2001, without authority fail to go at 
the time prescribed to your appointed place of duty. 
Reduced to AMN and forfeiture of $560.00 per month for two 
months.  (No appeal) (No mitigation) 

(2) 00/08/16, Randolph AFB TX, Article 92.  You, who knew or 
should have known of your duties, on or about 24 Jun 00, 
were derelict in the performance of those duties in that you 
negligently failed to stay awake during your shift, as it 
was your duty to do. Reduction to the grade of AMN, 
(suspended until 15 Feb Ol), 30 days extra duty and a 
reprimand.  (No appeal) (No mitigation). 

e.  Additional: RIC, 2 Feb 01 -  Failure to go. 

LOR, 19 Jun 00 -  Left his place of duty w/o authorization. 
LOR, 19 Jun 00 -  Failure to go. 
RIC, 23 May 00 -  Left his place of duty w/o authorization. 
RIC, 7 Apr 00 -  Failure to go. 
LOR, 5 Oct 99, Failure to go. 
RIC, 6 Sep 99, Failure to go. 
RIC, 19 Jul 99, Failure to report to duty. 

f .  CM:  None 

g.  Record of SV: 97/12/29 -  99/08/28  Randolph AFB  3  (Initial) 

99/08/29 -  00/08/28  Randolph AFB  2  (Annual) REF 

(Discharged from Randolph AFB) 

h.  Awards &  Decs:  AFTR, AFOUA. 

i.  Stmt of Sv:  TMS: (3) Yrs  (6) Mos  (20) Das 
TAMS: (3) Yrs  (4) Mos  (18) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 02/03/29. 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF 

ATCH 
1. Applicant's  Issues. 
2. Applicant's  Letter to Discharge Review Board. 
3. Four Character References. 
4. Five AF Forms 623a with Comments. 
5. Two Letters of Appreciation. 
6. Record of Individual Counseling. 
7. DD Form 214. 

&JPPORTING  DOCUMENTS (X as applicable)  (Please print name and Social Security Number on each document.) 

I 

WILL NOT BE  SUBMITTED.  PLEASE COMPLETE REVIEW BASED ON AVAILABLE SERVICE RECORDS. 

- 

ARE LISTED BELOW AND ARE ATTACHED TO THIS APPLICATION:  (mntinue on a plain  sheet of paper if mom space is needed.) 

b.  DOCUMENT 2: 

U t a ~ n ~ ) e v s M ~ e n f s  

I c.  DOCUMENT 3: AFFom b23a  (5) 

(L)) 

Decumt- 5; Record &Sndividwl r dins I 

I .  

8.  ISSUES 

The Board will consider any issue submitted by you prior to closing the case for deliberation.  The Board will also review the case t o  

determine whether  there are any issues that provide a basis for upgrading your discharge.  However, the Board is not required t o  respond in 
writing t o  issues of concern t o  you unless those issues are listed or incorporated by specific  reference below.  Carefully read the instructions 
that pertain t o  Block 8  prior t o  completing this part of the application. 

If you need more space,  submit additional issues on an attachment. 

.  .The. vd!.e. wprk.k!d!e? -f0' .!?W!.&on  .eF .@17 .!?ad. .& .-!+%@. G.& .+.r. unk~.~.knreaso!!s~. 
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.......................................................................................................................................................................................... 

--'I---- 

I 

I 

I I HAVE LISTED ADDITIONAL ISSUES AS AN ATTACHMENT TO M I S  APPLICATION. 

C I PREVIOUSLY SUBMITTED AN APPUCATlON ON (Enter date) 
I THE ABOVE ISSUES SUPERSEDE ALL PREVIOUSLY SUBMITTED. 
I 

I 

AND A M  COMPLETING M I S  FORM IN ORDER TO  SUBMIT ADDITIONAL ISSUES. 

9.  CERTIFICATION 

I make the foregoing statement* as part of my application with full knowledge of the penalties involved for willfully  making a false 

statement.  (U.S.  Code,  Title  18,  Section  1001, provides that an individual shall be fined under this title or imprisoned not more than 5 years, 
or both.) 

a.  DATE IYYYYMMDDI 

( b.  SIGNATURE 

NAVY & MARINE CORPS 

AIR  FORCE 

COAST GUARD 

I 

I 

I 

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Army Review Boards Agency 
Support Division,  St.  Louis 
ATTN:  SFMR-RBR-SL 
9700 Page Avenue 
St.  Louis,  MO  631 32-5200 

DD FORM 293, DEC 2000 

Naval Council of  Personnel Boards 
720 Kennon Street,  S.E. 
Rm.  309 (NDRB) 
Washington Navy Yard,  DC 
20374-5023 

SAFIMIBR 
550-C Street West,  Suite 4 0  
Randolph AFB,  TX  781 50-4742 

Commandant (G-WPM) 
2100 Second Street,  S.W. 
Washington,  DC  20593-0001 

Page 2 of 4  Pages 

DEPARTMENT OF THE AIR  FORCE 

AIR  EDUCATION AND TRAINING  COMMAND 

MEMORANDUM FOR 12 FTWICC 

FROM:  12 FTWIJAJ 

SUBJECT:  Legal Review - Administrative Discharge - A 
12 CES 

1. I have reviewed the attached discharge file regarding Amn- 
and find it procedurally correct and legally sufficient to support his discharge.  This discharge 
was initiated on 30 Apr 01, pursuant to AFPD 36-32 and AFI 36-3208 Chapter 5, Paragraph 5.49 
for Minor Disciplinary Infractions.  The Respondent's commander recommends a General 
Discharge based upon information contained in paragraph 2 of the notification letter. 

the respondent, 

2.  The reasons for discharge is supported by the evidence and is summarized as follows: 

a.  On divers occasions, between on or about 27 January 2001, and on or about 6 February 

200 1, without authority, -failed 
duty, to wit: the fire department communications center, building 700.  For this action, the 
suspended punishment from Article 15 action dated 16 Aug 00 was vacated. 

to go at the time prescribed to his appointed place of 

b.  On or about 2 Feb 01, Arnn-led 

to go at the time prescribed to his appointed 

place of duty.  For this action, he received a Record of Individual Counseling (RIC), dated 2 Feb 
01. 

c.  On or about 24 Jun 00, at Randolph AFB, Texas Amn-was 

derelict in the 

performance of his duties in that he negligently failed to stay awake during his shift in the fire 
department communications center, building 700, as it was his duty to do.  For this action, he 
received nonjudicial punishment on 16 Aug 00, which consisted of a suspended reduction to the 
grade of Amn (E-2), suspended forfeitures of $560.00 pay for two months, 30 days extra duty, 
and a reprimand. 

d.  On divers occasions from on or about 13 Jun 00, to on or about 16 Jun 00, ~ m n ( l l l l l ,  

failed to go at the time prescribed to his appointed place of duty.  Additionally, on 13 Jun 00, 
Amn 
received a Letter of Reprimand (LOR), dated 19 Jun 00. 

eft his appointed place of duty without authorization.  For these actions, he 

e.  On or about 18 Jun 00, 
place of duty.  On the same d 
authorization.  For these acti 

d to go at the time prescribed to his appointed 
ft his appointed place of duty without 
ceived an LOR, dated 19 Jun 00. 

f.  On or about 23 May 00, ~mn-ft 

his appointed place of duty without 

authorization.  For this action, he received a RIC, dated 23 May 00. 

g.  On or about 7 Apr 00 and 28 Mar 00, Amn -ailed 

to go at the time prescribed to his 

appointed place of duty.  For this action, he received a RIC, dated 7 Apr 00. 

h.  On or about 5 Oct 99, A m m a i l e d  to go at the time prescribed to his appointed 

place of duty.  For this action, he received a LOR, dated 5 Oct 99. 

i.  On or about 5 Sep 99, A 

iled to go at the time prescribed to his appointed 

place of duty.  For this action, he received a RIC, dated 6 Sep 99. 

j.  On or about 18 Jul99, Amn 

led to wake up and report to his appointed place of 

duty.  For this action, he received a RIC, dated 19 Jul99. 

k.  On or about 9 Jul99, Amw-was 

derelict in the performance of his duties in that he 
failed to watch his CDC study material videos.  For this action, he received a RIC, dated 10 Jul 
99. 

3.  The Respondent is a 22-year-old Fire Protection Apprentice who enlisted on 29 Dec 97.  Amn 
-as 
consulted counsel in this action and has not submitted matters for your consideration. 

4.  The case file is free of any errors or irregularities that would substantially prejudice any of the 
Respondent's substantive or procedural rights. 

5.  Subject to a medical examination, a copy of which is not in the file, my review indicates a 
sufficient amount of evidence exists to support discharge.  The Respondent's conduct has not 
been of the nature that the Air Force expects of its members. His actions are inconsistent with 
continued service in the U.S. Air Force.  The squadron has responded with appropriate 
disciplinary action to include an Article 15 with vacated suspension, 6 Records of Individual 
Counseling, and 3 Letters of Reprimand.  They counseled him regarding his pattern of 
misconduct, however, he did not respond to the counseling. 

6.  According to AFI 36-3208, paragraph 1.18, an Honorable Discharge is warranted when the 
quality of the airman's service generally has met Air Force standards of acceptable conduct and 
performance of duty or when a member's  service is otherwise so meritorious that any other 
characterization would be inappropriate.  If an airman's service has been honest and faithful, a 
characterization of General is warranted when significant negative aspects of the airman's 
conduct or performance of duty outweigh positive aspects of the airman's military record.  The 
commander has recommended a General Discharge.  This characterization most accurately 
describes Amn 

ir Force service. 

7.  Amn -ommande 
in this case.  In his opinion, r 
maintenance of good order and discipline and would have an adverse impact on morale within 

does not recommend probation and rehabilitation 
ionary status would be inconsistent with the 

the squadron because Amn h
of command to modify his attitude. 

a

s

failed to respond to numerous attempts made by his chain 

 

8.  As the SPCM convening authority, you may: 

a.  decide the case is without merit and retain the Respondent; or 

b.  order the case initiated again, extending the Respondent the right to a board hearing, if you 

believe separation with an Under Other Than Honorable Conditions Discharge is more 
appropriate; or 

c.  approve the Respondent's  separation with a General Discharge, with or without suspension 

of the discharge's execution for probation and rehabilitation; or 

d.  forward the file to 19 AFICC with the recommendation that he direct that the Respondent 

be discharged with an Honorable Discharge. 

8.  I recommend that you direct that Amn Wilson be discharged with a General Discharge, 
without suspension of the discharge's execution for 

- 

Attachment: 
Case File 

DEPARTMENT OF THE AIR FORCE 

AIR EDUCATION AND TRAINING COMMAND 

3 0  APR  2001 

FROM:  12 CESICC 

SLTBJECT:  Notification Memorandum-Administrative  Discharge 

1.  I am recommending your discharge from the United States Air Force for Minor Disciplinary 
Infractions.  The authority for this action is Air Force Policy Directive 36-32 and Air Force 
Instruction 36-3208, Chapter 5, Paragraph 5.49.  If my recommendation is approved, your service 
will be characterized as Honorable or General.  I am recommending your service be characterized 
as General. 

2.  My reasons for this action are as follows: 

a.  You, did, on divers occasions, between on or about 27 January 200 1, and on or about 6 
February 2001, without authority, fail to go at the time prescribed to your appointed place of 
duty, to wit: the fire department communications center, building 700.  For this action, the 
suspended punishment from Article 15 action dated 16 Aug 00 was vacated.  (Atch 1 a) 

b.  On or about 2 Feb 01, you failed to go at the time prescribed to your appointed place of 
duty.  For this action, you received a Record of Individual Counseling (RIC), dated 2 Feb 0 1. 
(Atch 1 b) 

c.  You who knew of should have known of your duties at Randolph AFB, Texas, on or about 
24 Jun 00, were derelict in the performance of those duties in that you negligently failed to stay 
awake during your shift in the fire department communications center, building 700, as it was 
your duty to do.  For this action, you received nonjudicial punishment on 16 Aug 00, which 
consisted of a suspended reduction to the grade of Amn (E-2), suspended forfeitures of $560.00 
pay for two months, 30 days extra duty, and a reprimand.  (Atch lc) 

d.  You, who knew or should have known of your duties, did, on divers occasions from on or 

about 13 Jun 00, to on or about 16 Jun 00, fail to go at the time prescribed to your appointed 
place of duty.  Additionally, on 13 Jun 00, you left your appointed place of duty without 
authorization.  For these actions, you received a Letter of Reprimand (LOR), dated 19 Jun 00. 
(Atch Id) 

e.  On or about 18 Jun 00, you failed to go at the time prescribed to your appointed place of 
duty.  On the same day, you left your appointed place of duty without authorization.  For these 
actions, you received an LOR, dated 19 Jun 00.  (Atch le) 

f.  On or about 23 May 00, you left your appointed place of duty without authorization.  For 

this action, your received a RIC, dated 23 May 00.  (Atch 1 f) 

g.  On or about 7 Apr 00 and 28 Mar 00, you failed to go at the time prescribed to your 

appointed place of duty.  For this action, you received a RIC, dated 7 Apr 00.  (Atch 1 g) 

h.  On or about 5. Oct 99, your failed to go at the time prescribed to your appointed place of 

duty.  For this action, you received an LOR, dated 5 Oct 99.  (Atch lh) 

i.  On or about 5 Sep 99, you failed to go at the time prescribed to your appointed place of 

duty.  For this action, you received a RIC, dated 6 Sep 99.  (Atch li) 

j.  On or about 18 Jul99, you failed to wake up and report to your appointed place of duty. 

For this action, you received a RIC, dated 19 Jul99.  (Atch lj) 

k.  On or about 9 Jul99, you were derelict in the performance of your duties in that you failed 
to watch your CDC study material videos,  For this action, you received a RIC, dated 10 Jul99. 
(Atch lk) 

3.  Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising special court-martial jurisdiction, or a 
higher authority, will decide whether you will be discharged or retained in the Air Force.  If you 
are discharged, you will be ineligible for reenlistment in the Air Force and will probably be 
denied enlistment in any component of the armed forces.  Any special pay, bonus, or education 
assistance funds may be subject to recoupment. 

4.  You have the right to consult legal counsel.  Military legal counsel has been obtained to assist 
you.  An appointment has been made for you to consult Capt' 
Counsel, Bldg. 399, Room B-40 (7-2274) at 09 00 
civilian legal counsel at your own expense. 

Area Defense 
. You may consult 

on  \ MRy 0 I 

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 QMAY O I 
an extension, in writing, for showing good cause.  I will send them to the separation authority. 

unless you request and receive 

6.  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. 

7.  You have been scheduled for a medical examination.  You must report to the Physical Exam 
Section at  \ 300  on Z y  O\ for a required examination. 

9.  Any personal information you furnish in rebuttal is covered by the Privacy Act.  A copy of 
AFI 36-3208 is available for your use in the unit personnel ofice. 

ARS (Separations) within 24 hours of this notification. 
-  \ M A ~ Q \   \ \ o Q H R " .  

10.  Execute the attached acknowledgment and re 

Commander, 12 CES 

Attachments: 
1.  Supporting Documents 

a.  AF Form 366, dated 14 Feb 0 1 
b.  RIC, dated 2 Feb 01 
c.  AF Form 3070, dated  16 Aug 00 
d.  LOR, dated 19 Jun 00 
e.  LOR, dated 19 Jun 00 
f.  RIC, dated 23 May 00 
g.  RIC, dated 7 Apr 00 
h.  LOR, dated 5 Oct 99 
i.  RIC, dated 6 Sep 99 
j.  RIC, dated 19 Jul99 
k.  RIC, dated 10 Jul99 

2.  Member's  Receipt of Notification Memorandum