NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

GRADE AFSN/SSAN

  

AMN

 

 

ae wen

 

 

PERSONAL APPEARANCE

X RECORD REVIEW

 

| NAME OF COUNSEL AND OR ORGANIZATION

 

 

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

MEMBERS SITTING

 

 

 

  

ISSUES INDEX NUMBER

A94.05, A92.21, A93.11 A67.90

 

 

 

 

2. | APPLICATION FOR REVIEW OF DISCHARGE

 

3 | LETTER OF NOTIFICATION

 

HEARING DATE CASE NUMBER

03-01-08 FD2002-0216

$s
Case heard at Washington, D.C.

submit an application te the AFBCMR.

 

EST, SUITE 40
RANDOLPH AFB, TX 78150-4742

   

“AFHQ FORM 0-2077, JAN 00

(EF-V2)

 

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

SIGNATURE OF BOARD PRESIDENT

  

| 4 | BRIEF OF PERSONNEL FILE

COUNSEL'S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

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.
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | gp2002-0216
GENERAL: The applicant appeals for upgrade of discharge to honorable.

The applicant was offered a personal appearance before the Discharge Review Board 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 is denied.

The Board finds that neither the evidence of record or that provided by applicant substantiates an inequity
or impropriety that would justify a change of discharge.

Issues. Applicant was discharged for misconduct, conduct prejudicial to good order and discipline. He had
three Letters of Reprimand (LOR), a Letter of Counseling, an Article 15, and a referral Enlisted
Performance Report rated an overall “3.” His misconduct included at Jeast 41 instances of failure to go to
his mandatory fitness improvement sessions over a 6-month period of time, and failure to obey a lawful
order to do so. The Board noted that when his misconduct occurred, member was the same age as other
airmen who had adhered to the standards, and in spite of the unit’s efforts to help member correct his
deficiencies, he was not motivated enough to conform to standards and his misconduct continued. The
Board also noted member was diagnosed with an adjustment disorder with mixed conduct and emotion and
mild life stressors, and had been evaluated for alcohol abuse, although no diagnosis was rendered. He also
self-referred to anger management classes. While speculating that member may have been experiencing
personal problems and had additional stress, applicant submitted no documentary evidence of those
problems. At the time of the discharge, applicant waived his right to consult counsel and to submit
statements on his own behalf. He was counseled by his unit several times in an effort to help him correct
his deficiencies and had many opportunities to improve his behavior. He failed to respond to those
rehabilitative efforts, so he was held accountable for his actions. No inequity or impropriety was found in
this discharge in the course of the records review.

Applicant states he has matured as justification for an upgrade, and cites his post-service volunteer work.
While the Board commends applicant on these areas, they do not pertain to the period of service under
review, and therefore are not a matter of equity or propriety that warrants an upgrade.

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
FD2002-0216
DEPARTMENT OF THE AIR FORCE

AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

wi (Former AMN) (HGH A1C)

1. MATTER UNDER REVIEW: Appl rec'd a GEN Disch fr USAF 00/01/31 UP AFI 36-3208,
para 5.50 (Pattern of Misconduct - Conduct Prejudicial to Good Order and
Discipline). Appeals for Honorable Disch.

2. BACKGROUND:

a. DOB: 78/03/15. Enilmt Age: 19 0/12. Disch Age: 21 10/12. Educ: HS DIPL
AFQT: N/A. A-70, E-67, G-84, M-53. PAFSC: 2M031A - Missile and Space
Systems Electrical Maintenance Apprentice. DAS: 98/04/13.

b. Prior Sv: (1) AFRes 97/03/15 - 97/06/24 (3 Mos 10 Days) (Inactive).

3. SERVICE UNDER REVIEW:

a. Enld as AB 97/06/25 for 4 yrs. Svd: 2 Yrs 7 Mos 7 Das, all AMS.

b. Grade Status: AMN - 99/12/20 (Article 15, 99/12/20)
Alc ~ 98/10/25
AMN - Unknown

c. Time Lost: None

d. Art 15’s: (1) 99/12/20, Malmstrom AFB, Mt - Article 92, You, having
knowledge of lawful order issued by Senior Master Sergeant
woe teens , to wit: Letter of Reprimand, dated 30 Jun 99,
an order which it was your duty to obey, did, on divers
occasions between 15 Oct 99 and about 16 Nov 99, fail to
obey the same by failing to go the required amount of times
to the Health and Wellness Center as part of your Monitored
Fitness Improvement Program. Reduction to the grade of
AMN, and suspended forfeiture of $537.00 pay per month for
2 months. (No appeal) (No mitigation)

e. Additional: LOR, 28 DEC 99 - Failure to maintain vehicle insurance.
LOR, 07 OCT 99 - Failure to attend monitored fitness
improvement program.
LOR, 30 JUN 99 - Failure to attend monitored fitness’
improvement program.
LOC, 15 APR 99 ~ Failure to attend monitored fitness
improvement program.

f. CM: None.

g. Record of SV: 97/06/25 - 99/02/24 Malmstrom AFB 3 (Initial)
FD2002-0216

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

i. Stmt of Sv: TMS: (2) Yrs (10) Mos (17) Das
TAMS: (2) Yrs (7) Mos (7) Das

4. BASIS ADVANCED FOR REVIEW: Appin (DD Fm 293) dtd 02/04/22.
(Change Discharge to Honorable)

Issue: I have matured greatly, since leaving the service. When I first
arrived at the base I had a bad experience and that had set the tone for my tour
at Seymour Johnson. When I went through basic training I was honor grad and
technical school in which I had a 93/92 average. I attended two schools. The
first time school was 4 1/2 months in Texas. The second half of technical
school Vandenberg AFB, CA which that school was 6 months long. Ever since I
have been discharged I have been going to school, I worked until I got layed
off. I have been doing volunteer work to occupy my time,

ATCH

1. College Transcript.

2. Character Reference.

3. Letter of Appreciation.
4. Character Reference.

5. Criminal Record Check.

02/10/02/cr
— FD2002-O2/ b

a DEPARTMENT OF THE AIR FORCe
HEADQUARTERS 3418T SPACE WING (AFSPC)

 

@4 JAN 2000

MEMORANDUM FOR 341 SW/CC

FROM: 341 SW/JA

SUBJECT: Legal Review, Administrative Discharge Action gone

1. ACTION: On 14 Jan 00,8 41 MXS/CC, initiated an administrative
discharge action againsteaigll (hereinafter Respondent) [AW

AFI 36-3208, paragraph 5.50, for a pattern of misconduct--conduct prejudicial to good order and
discipline. CEA, -consnends a general discharge without probation and rehabilitation.

2. PERSONAL DATA:
a. Date and Term of Current Enlistment: 25 Jun 97, 4 years
b. Age: 21
c. Pay Date: 25 Jun 97
d. TAFMSD: 25 Jun 97
e. Overall Ratings on Performance Reports: 25 Tun 97 ~24 Feb 99 (3)

3. EVIDENCE FOR THE GOVERNMENT: The following provides the basis for discharge and
may be considered on the issues of retention and service characterization.

a. Between 26 Jan 99 and 5 Apr 99, Respondent failed to go to 27 of the 30 fitness sessions
for which he was scheduled. For this misconduct Respondent received a Letter of Counseling
(LOC) dated 15 Apr 99.

b. Between 26 Jan 99 and 4 Jun 99, Respondent failed to go to 41 of the 57 fitness sessigns
for which he was scheduled. For this misconduct Respondent received a Letter of Reprimand

(LOR) dated 30 Jun 99.

c. After receiving an LOC and LOR for missing scheduled fitness sessions, it was brought to
the attention of the commander that Respondent again was not attending his fitness sessions as
required. For this misconduct Respondent received an LOR dated 7 Oct 99.

d. Between 15 Oct 99 and 16 Nov 99, Respondent again disobeyed a lawful order when he
failed to go to scheduled fitness sessions. For this misconduct Respondent received an Article 15
dated 20 Dec 99.
FDP ALB2- OZ

e. On 30 Nov 99, Respondent was cited by a Great Falls Police officer for failing to maintain
vehicle insurance, For this misconduct Respondent received an LOR dated 28 Dec 99.

4. EVIDENCE FOR THE RESPONDENT: The Respondent consulted counsel and chose to
waive his right to submit statements.

5. DISCUSSION:

a. The file is legally sufficient to support Sime recommendation for Respondent's
general discharge for a pattern of misconduct. A general discharge is appropriate since the

negative aspects of Respondent's conduct, on and off duty, outweigh the positive aspects.

b. Despite the squadron's rehabilitative efforts, Respondent has continually failed to adhere
to Air Force standards and shows repeated disregard for rehabilitative opportunities afforded
him. Thus, he is not an appropriate candidate for probation and rehabilitation.

6. OPTIONS:
a. Disapprove the discharge action and order retention of Respondent.

b. Recommend to 20 AF/CC that Respondent receive an honorable discharge for a pattern of
misconduct with or without probation and rehabilitation.

c. Approve the discharge and order Respondent’s general discharge for a pattern of
misconduct with or without probation and rehabilitation.

d. Recommend that Respondent receive an UOTHC discharge with or without probation and
rehabilitation. If you determine that this is the appropriate disposition of this case, please return
the file for discharge board processing.

7. RECOMMENDATION: Discharge @geaneee 1A. W AFI 36-3208, paragraph 5.50, for a
pattern of misconduct with a general discharge without probation and rehabilitation, as

recommended by siiQagaganes>

   

? Staff Judge A : ee eae Peer

Attachment:

Case File — pA
DEPARTMENT OF THEAIRFOF =; PDAOOZ-JDZ/G

HEADQUARTERS 341ST SPACE WING (AFSPC)

FROM: 341 MXS/CC

SUBJECT: Notification Memorandum

1. Pursuant to AFPD 36-32 and AFI 36-3208, paragraph 5.50, I am recommending your
discharge from the United States Air Force for a pattern of misconduct--conduct prejudicial to
good order and discipline. If my recommendation is approved, your service will be characterized
as either honorable, general, or under other than honorable conditions. I am recommending a
general discharge.

2. My reasons for this action are:

a. Between 26 Jan 99 and 5 Apr 99, you failed to go to 27 of the 30 fitness sessions for
which you were scheduled. For this misconduct you received a Letter of Counseling (LOC)

dated 15 Apr 99.

b. Between 26 Jan 99 and 4 Jun 99, you failed to go to 41 of the 57 fitness sessions for
which you were scheduled. For this misconduct you received a Letter of Reprimand (LOR)

dated 30 Jun 99.

c. After receiving an LOC and LOR for missing scheduled fitness sessions, it was brought to
the attention of the commander that you again were not attending your fitness sessions as
required. For this misconduct you received an LOR dated 7 Oct 99.

d. Between 15 Oct 99 and 16 Nov 99, you again disobeyed a lawful order when you failed to

go to scheduled fitness sessions. For this misconduct you received an rts 15 dated
20 Dec 99.

e. On 30 Nov 99, you were cited by a Great Falls Police officer for failing to maintain
vehicle insurance. For this misconduct you received an LOR dated 28 Dec 99.

3. Copies of the above documents will be forwarded to the separation authority in support of this
recommendation. The commander exercising SPCM 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 any special pay, bonus, or education
assistance funds may be subject to recoupment.
PP2802- 02/6

4. 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 the Area Defense Counsel, 7015 Goddard Drive,

Bldg 145, Room 144 on /6-ad gO at L300 . You may consult civilian counsel

at your own expense.

5. You have the right to submit statements in your own behalf. You have three duty days from

the date of this letter (COB 2 oN ), to provide me with any statements you want the
separation authority to consider. You may request and receive an extension for good cause

shown. I will send all submitted statements 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 must receive a medical examination. You are scheduled for a medical examination at the

341st Medical Group Physical Examination Section on 48. Vinh QO at _/£F-m
hours. You MUST be in uniform for this appointment. If you wear glasses, you must also bring

them to this appointment.

 

8. Any personal information you provide in rebuttal is subject to the Privacy Act Statement as
explained in AFI 36-3208, Atch 6. A copy of AFI 36-3208 is available for your use at your
orderly room.

 

Attachments:
1. Supporting documents:
a. LOC dated 15 Apr 99
b. LOR dated 30 Jun 99
c. LOR dated 7 Oct 99
d. AF Form 3070 dated 20 Dec 99
e. LOR dated 28 Dec 99
2. Airman’s Receipt of Notification Memorandum