AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE IN FTIAL) GRADE AFSN/SSAN
Laelia Rieiamiaeer AMN
PERSONAL APPEARANCE X RECORD REVIEW
NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

 

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ISSUES INDEX NUMBER
A94,53 A67.90
2 | APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION
HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE
OSOE-29 Fp2002-0251 COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

iL A ae CUSSED ON THE ATTACHED AIR FOR
: gs ead : Con

   

Case heard at Washington, D.C,

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

SIGNATURM

     

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

1535 COMMAND DR, EE WING, 3°” FLOOR

ANDREWS AFB, MD 20762-7002

(EF-V2) Previous edition will be used.

350 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 | 2002-0237

GENERAL: The applicant appeals for upgrade of discharge to honorable, to change the reason and
authority for his discharge, and to change his reenlistment code.

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, change of reason and authority for discharge, and change of
reenlistment code are 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 a pattern of misconduct, conduct prejudicial to good order and
discipline. He had four Records of Individual Counseling, two Letters of Reprimand (LOR), an Article 15,
an Unfavorable Information File, a referral Enlisted Performance Report rated an overall “2,” and was
placed on the Control Roster. His misconduct included four instances of failure to go, and three instances
of financial irresponsibility, and lying to his commander, all in a 12-month period of time. At the time of
the discharge, applicant waived his right to submit statements on his own behalf, after consulting counsel.
Member was sent to the Personal Financial Management Program twice, but was not however motivated
enough to conform to standards and his misconduct continued. The Board also noted that when his
misconduct occurred, member was the same age as other airmen who had adhered to the standards. He was
counseled 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 cited his desire to return to military service as justification for an upgrade. While the Board
commends applicant on this desire to return to military service, and is sympathetic to the impact a General
discharge has on his reenlistment code, this is 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
FD2002-0237
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

, nega (Former AMN) (HGH AIC)

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 96/03/27 UP AFI 36-3208,
para 5.50.2 (Pattern of Misconduct - Conduct Prejudicial to Good Order and
Discipline). Appeals for Honorable Discharge, to Change the Reason and Authority
for Discharge, and to Change the RE Code.

- 2, BACKGROUND:

a. DOB: 75/01/10. Enlmt Age: 19 4/12. Disch Age: 21 2/12. Educ: HS DIPL.
AFQT: N/A. A-74, E-85,. G-70, M-76. PAFSC: 2A631D - F-100 Jet Engine
Apprentice. DAS: 94/12/05.

b. Prior Sv: (1) AFRes 94/05/31 - 94/06/16 (16 days) (Inactive).

___3, SERVICE UNDER--REVIEW;—-—— _ _ ce

 

a. Enlisted as AB 94/06/17 for 4 yrs. Svd: 01 Yr 09 Mos i1 Das, all AMS.

b. Grade Status: AMN - 96/03/01 (Article 15, 96/03/01)
Alc - 95/10/17
AMN - 94/12/17

c. Time Lost: None.

d. Art 15’s: (1) 96/03/01, Kadena AB, Japan - Article 86. You did, on
or about 20 Feb 96, without authority, fail to go at
the time prescribed to your appointed place of duty.
Reduction to Amn. Suspended forfeiture of $200.00 pay
per month for two months,.and21.days extra-duty— —
(No appeal) (No mitigation)

 

 

e. Additional: RIC, 14 FEB 96 - Failure to go.
LOR, 22 JAN 96 - Financial irresponsibility.
LOR, 21 OCT 95 - Financial irresponsibility.
RIC, 01 JUN 95 - Financial irresponsibility, and not
telling the truth to the Commander.
RIC, 16 MAR 95 - Missed appointment.
RIC, 16 FEB 95 - Late for work.

£f. CM: None.

g. Record of-SV: 94/06/17 - 96/02/16 Kadena AB 2 (Initial) REF

(Discharged from Keesler AFB)
@ @ FD Zcaz- 9237

DEPARTMENT OF THE AIR FORCE
PACIFIC AIR FORCES

11 Mar 96

MEMORANDUM FOR 18 WG/CC

FROM: 18 WG/JA
Unit 5141, Box 40
APO AP 96368-5141

 

SUBJECT: Legal Review - Administrative Discharge - i.
ON Kadena AB, Japan

 
 
 

- WOhas initiated this administrative discharge action against
for ¢ a Pattern of Misconduct - Conduct Prejudicial to Good Order and Discipline.

The authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 5.50.2. The initiating

 

commander has recommended a general discharge without probation and rehabilitation.
¥

2. GOVERNMENT'S EVIDENCE: x

a. On or about 16 Feb 95, aggiiifliitlie failed to go to at the time prescribed to his appointed place of
duty. As a result, he was counseled on 16 Feb 95 (Tab 1-1).

b. On or about 15 Mar 95 agile failed to-go to a scheduled appointment. As a result, he was
counseled on 16 Mar 95 (Tab 1-2).

c. On or about 22 May 95,gyquegiiiiiiiltie failed to meet his just financial obligations in a proper and
timely manner by becoming delinquent on his phone bill totaling $799.00. He also uttered checks

totaling $90.00 to the Kadena bowling alley, which were returned due to insufficient funds. As a result,

he was counseled on 2 Jun 95 (Tab 1-3).

d. On or about 21 Oct 95, AgRRMRIMRMMP failed to meet his just financial obligations in a proper and
timely manner by failing to pay his roommate $600.00 for a phone bill he owed. As a result, he received

. a Letter of Reprimand and was mandatorily enrolled into the Personnel Financial Management Program

on 21 Oct 95 (Tab 1-4).

e. On or about 18 Jan 96, pRiiMMilillilie failed to meet his just financial obligations by taking advances
against his pay and then withdrawing additional funds to which he was not entitled. As a result, he

received a Letter of Reprimand and placement on the Control Roster on 22 Jan 96 (Tab 1-5).

f. On or about 14 Feb 96, ie failed to go at the time prescribed to his appointed place of
duty. As a result, he was counseled on 14 Feb 96 (Tab 1-6).
@ @ frZ07 9237

 
  
 

g. On or about 20 Feb 96 RBM fai\ed to go at the time prescribed to his appointed place of duty.
As a result, he was punished under Article 15 on 1 Mar 96. Punishment consisted of reduction to the

grade of Amn with a new date of rank of 1 Mar 96, forfeiture of $200.00 pay per month for two months,
suspended until 31 Aug 96, and 21 days extra duty (Tab 1-7).

3. RESPONDENT'S EVIDENCE:

a. The respondent, a 21-year old airman, originally enlisted on 17 Jun 94. His AQE scores are A-74,
E-85, G-70, and M-76. This airman has received one evaluation report. His most recent EPR, which
closed out on 16 Feb 96, rated him an overall 2. The airman is entitled to wear the medals, awards and

ribbons outlined in the commander's recommendation.

b. The respondent consulted military defense counsel but has not submitted a statement in response to
this discharge action.

4, ERRORS OR IRREGULARITIES: None noted.
5. DISCUSSION:

a. AFI 36-3208, paragraph 5.50.2, authorizes separation of airmen who engage in a pattern of
vo _mnisconduct..  @ 0200Z-6237

  

MEMORANDUM FOR ggasi NERO «0.8 MAP 1996

FROM: 18 MXS/CC
Unit 516 3
APO AP 96368-5183

SUBJECT: Notification Letter

1. I amrecommending your discharge from the United States Air Force for a Pattern of Misconduct -
Conduct 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, specifically:

a. On or about 16 Feb 95, you failed to go to at the time prescribed to your appointed place of duty.
As a result, you were counseled on 16 Feb 95 (Tab 1-1).

 

“b. On or about 15 Mar 95, you failed to go to a scheduled appointment. As a result, you were
counseled on 16 Mar 95 (Tab 1-2). -

c. On or about 22 May 95, you failed to meet your just financial obligations in a proper and timely
manner by becoming delinquent on your phone bill totaling $799.00. You also uttered checks totaling
$90.00 to the Kadena bowling alley, which were returned due to insufficient funds. As a result, you were

counseled on 2 Jun 95 (Tab 1-3).

d. On or about 21 Oct 95, you failed to meet your just financial obligations in a proper and timely
manner by failing to pay your roommate $600.00 for a phone bill you owed. As a result, you received a
Letter of Reprimand and a mandatory enrollment into the Personnel Financial Management Program on

21 Oct 95 (Tab 1-4).

e. On or about 18 Jan 96, you failed to meet your just financial obligations by taking advances against
your pay and then withdrawing additional funds which you were not entitled to. As a result, you received
a Letter of Reprimand and placement on the Control Roster on 22 Jan 96 (Tab 1-5).

 

f. On or about 14 Feb 96, you failed to go at the time prescribed to your appointed place of duty. As
a result, you were counseled on 14 Feb 96 (Tab 1-6). co

g. On or about 20 Feb 96, you failed to go at the time prescribed to your appointed place of duty. As
a result, you were punished under Article 15 on 1 Mar 96. Punishment consisted of reduction to the

grade of Amn with a new date of rank of 1 Mar 96, forfeiture of $200.00 pay per month for two months,
suspended until 31 Aug 96, and 21 days extra duty (Tab 1-7).

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.
x @ Fo 2002-9 237)

   
 

j

3. You have the right to consult counsel. Milit al counsel has been obtained to assist you. I have
made an appointment for you to consult at the Area Defense Counsel at
Building 1460 on __2 MAL at ___0920__hours. You may consult civilian counsel at your own
expense,

4. You have the right to submit statements in your own behalf. Any statements you want the separation

authority to consider must reach me by /27AZ 76 __ unless you request and receive an extension for
good cause shown. I will send them to the separation authority.

5. 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.

6. You have been scheduled for a medical examination on //MA. at &7o0at the Physical Exams Section,
18th Medical Group, Kadena AB, Japan.

7. Any personal information you furnish in rebuttal is covered by the Privacy Act Statement of 1974. A
copy of AFI 36-3208, is available for your use at the Area Defense Counsel office.

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

  

h USAF
der, 18th Maintenance Squadron

Attachments:
1. 16 Feb 95, counseling;
16 Mar 95, counseling;
2 Jun 95, counseling;
21 Oct 95, LOR/PFMP;
____22.Jan 96, LOC/UIF/CR;
14 Feb 96, counseling; 7
1 Mar 96, Art 15
2. Airman's Receipt of

Notification Letter

 

3. EPRs