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AF | DRB | CY2003 | FD2002-0261
Original file (FD2002-0261.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REV1 EW BOARD HEARING  RECORD 

NAME OF SERVICE MEMBER (LAST, FIRST I\IIDDI,E INITIAL) 

I  GRADE 

I  APSNISSAN 

1  X  PERSONAL APPEARANCE 

NAME OF COUNSEL.AND OK ORGANlZATION 

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RECORD REVIEW 

ADDRESS AND OR OIIGANIZATION OF UOllNShL 

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MEMBERS SITTING 

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ISSUES 
A94.06, A42.00 

INDEX NUMRER 
A67.10 

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CASE NUMBER 
FD2002-0261 

HEARING  DATE 
27 FEB 03 

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APPLICATION FOR  REVIUW OF DISCHARCiE 

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'  exwlerrs S U B M ~ T T E B ~ ~  
BOARD 

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1  I  ORDER APPOIN'IING THE BOAR11 
2 
3  (  LETTER OF NOI'IFICATION 
4 
BRIEF OF PERSONNEL FILE 
- 
N)L>I'I 
PERSONAL APPEARANCE 

IONAI.. EXIIIBITS  SUBMITTED AT  TIME OF 

APPLICANT'S ISSUE AND fldJa BOARD'S DECISIONAL  RATIONAL ARE DISCIISSPD 0'4  THE ATTACHED AIR PORCt DISCHARGE RE\'IP\\  ROAKD DEC'ISIONAI. RATIOVALE 

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RE\I  \RKS 
+ Change reason to personality disorder. 
Case heard at Andrews AFB, Maryland. 

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

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

AFWQ FORM 0-2077, JAN 00 

(EF-V2) 

SECRETARY OF TIIE AIR  FORCE PERSCINNEL COUNCII, 
AIR FORCE DISCIIARGE REVIEW BOARD 
1535 COMMAND DR, EE WING, 3RD FLOOR 
ANDREWS AF 

Previous edition will  be used. 

June 15,2002 

I entered the Air Force on March 14, 1989, at the age of eighteen.  Upon completion of 
basic training at Lackland AFB, I attended air traffic control school at Keesler AFB. 
During my training, it came to my attention that the Air Force had a need for Spanish- 
speaking air traffic controllers in Spain. I volunteered, was tested for Spanish language 
proficiency, and was assigned to Torrcjon AB. 

I arrived at Torrejon with my family on an accompanied tour on November 29,1989. 

The length of my tour was to be three years, with a reassignment date of November  1992. 
However, had I been reassigned in November of 1992, I would orily have had three or 
four months remaining on my enlistment.  This would not allow meet to mcet the 
minimum one-year requirement in order to be reassigned.  In addition, Torrejon was due 
to be closed down before the end of my tour,  I was rescheduled to PCS in February of 
1992, in order to meet the one-year retention requirement in order to be reassigned. 

On January 4, 1992, I developed a medical condition that immediately classified my 
aerornedical status as duties not including controlling (DNIC).  I was prescribed strong 
psychotropic medication with severe side effects. 

Due to my medical problems, I was admitted to the hospital as an impatient, pending 
diagnostic work, and was transferred to RAF Lakenheath, for evaluation on January 20, 
1992. Upon completion of my evaluation at the hospital at Lakenheath, doctors 
recommended that I continue on medication, that I be observed for 60-90 days, and then 
have my air traffic control status reviewed. 

Upon returning to Torrejon AB, the flight surgeon asserted that my medical condition 

disqualified me for both air traffic control duties, and worldwide duties.  He 
recommended that I be permanently decertified for air traffic control duties.  In addition, 
he recommended that I be scheduled for an evaluation by a medical evaluation board, due 
to my having been disqualified for worldwide service. 

On March 28, 1992,I departed Torrejon AB, bound for the medical evaluation board 
at Wilford Hall, Texas.  I stopped at Wiesbaden, Germany, in order to take a flight that 
was to depart for CONUS the following morning.  Apparently, a physician at Wiesbaden 
felt that proper procedures were not being followed, and that my case was be handled 
inappropriately.  This physician made the decision that I remain at Wiesbaden for 
evaluation and treatment. 

DEPARTMEWI'  OF THE  AIR  FORCE 

HEADQUARTERS  BOOTH AIR  BASE GROUP  (USAFE) 

APO AE 09641-5000 

2 9 MAY  1992 

e  IAW AFR 39-10, para 5-1 11  and  6-46 

1.  I  have reviewed the subject  case  file and find  it  to be  legally sufficient 
to aeparate -for 
personality  disorder under AFR  39-10, paragraphs  5-48  and 5-11i.  I 
recommend that you select minor  diaciplinary  problems as the primary  reason 
for digcharge.  I  recommend  that you approve separation with a general 
discharge without probation and  rehabilitation  (P&R). 

both minor  disciplinary  infractions and  a 

2.  Factual Background: 

a.  Respondent  is a 22 year old Air  Traffic Controller.  Th 

has a total active federal military  service date a f   14 Mar  8 9 .  
was assigned to his present  unit  on 29 Nov  89. 

2, the former 600th Communicationa  Squadron Commander 

initiated  administra 
9-10, para 5-46 and 5 
general  discharge under  para 5-46 withou 
600th Communications Squadron Commander, 
addendum to the administrative action fo 
dated  18  May  92. -ikewi~~e 
receive a general discharge under  para 5-46. 

recommends that the Respandent 

3.  Summary of  Evidence; 

a.  For the aovernrnent:  The evidence  for the government  conaista of 

a Mental  Health Evaluation,  an Article  15, two Letters of  Reprimand, and  two 
Letters of  Coun8eling.  From 1  Apr  to 20 Apr 02, Maj : ,
Psychiatrist, 7100 CSW Medical  Center, evaluated  the Respondent  and diagnosed 
his condition as a personality  disorder unlikely  to be,-mod_i_f_i_ed-that 
interferes with  hia duty performance  and conduct.  Maj: 
that his administrative and occupational p r o b l e m   which  led  to administrative 
actl-on-w-er-e--not due  to a mental  disorder, but  to the Respondent's  attitude. 
~ a j  
active-dut-y-because he felt  that the military was  "not goad enough  for me." 

stated that the Respondent  lost any motivation to remain on 

. . . . . . . . . . . . . . . . . . . . . . . . . . .  

:  concluded 

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I  Staff 

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ldatermined that the Reapondent was not qualified for 

worldwide duty, he was not qualified for duties associated with PRP program 
and use of weapons, and that his condition is severe enough that his ability 
to function in the military is significantly impaired. 

On 12 Mar 92, the Respondent received an Article  15 for being abaent from work 
without authority on 3 Mar 92 and failure to go on 5 Mar 92.  The Respondent 
received a Letter of Reprimand for failure to obey a lawful order to report to 
the 600 ABa  Clinic at 0730 hours on 10  May 92, and  a Letter of Reprimand with 
a UIF  on 24 Sep 91 for failure to pay his rent on time on three separate 
occas#ions.  He received a Letters of Counseling for being delinquent in 
paying his Open Mesa account on 1 1  Dec 91, and for missing a scheduled 
appointment on 10 Apr 91. 

b.  For the Respondent:  The Respondent is entitled to wear the Air Force 

Training Ribbon, the National Defense Service Medal, and the Air Force 
Outstanding Unit Award.  He has received the following ratings on his EPRs: 
14 Nov 90 to 13 Nov 91- 2, 14 Mar 89 to 13 Nov 90 -  3. 

The Respondent submitted statements on his own behalf.  1,n  his statement of 
21 May 92, the Respondent agrees that he should be discharged but asks that 
hi# characterization of service be honorable. 
culpability for the Article  15 by claiming that 
3 Mar 92 and t o   come to work  late on 3 Mar 92. 
given a Letter of Counseling for being delinquen 
-states 
delivering his child 
Apr 91 Letter of Coun 
detail.  Furthermore, 
from his discharge package due t o   an insufficient period of supervision by  hi^ 
rater. 

states that he received his 10 
d the day he was  to report for a 
eferral EPR that wag  withdrawn 

irrputes his 
ssion to leave on 
states that he was 
r6.00.  II) 

that he was late in paying his rent because his wife was 

problems make his behavior incompatible with Air Forae standards. 

4 .   Error$ and Irregularities:  None. 

5 .   Discussion:  Discharge under both AFR  39-10, para 5-46, minor digciplinary 
misconduct, and para 5-lli, pereonality disorders, are' supported by  the 
evidence.  The Respondent is clearly unauited for further military ae~vfce due 
to his misconduct, which was  not related to a mental disorder.  Furthermore, 
his appeal of administrative action taken againat him is not supported by  the 
evidence.  AFR 39-10, para 5-7  state8 that a discharge under para 5-111 is 
only appropriate when discharge for cause is not warranted, and requires an 
honorable discharge.  Since discharge for misconduct ia wa 
that para 5-46 be designated as the reason for discharge. 

mend 

FJZ 
DEPARTMENT OF THE AIR  FORCE 
401 st  COMMUNICATIONS SQUADRON  (USAFE) 

APO  AE  09641 

REPLY  TO 
ATTN  OF:  CC 

Notification Letter 

15 May 92 

TO: 

600 CS 

1.  I am recommending your discharge from the United States A i r   Force f o r  
Misconduct and for Conditions that Interfere with Military Service.  The 
authority for this action is AFR 39-10, paragraphs 5-46, Minor Disciplinary 
Infractions, and 5-111, Mental Disorders.  If my recommendation is approved, 
your service will be characterized as honorable or general.  1 am recommending 
that your service be characterized as general. 

2.  My reasons for this action are: 

a.  On 29 Apr 92, you were diagnosed by M a j  j 

Center, with a condition that interferes with youF-duEy-pekformance and 
conduct,  which is severe enough that your ability to function in the 
military is significantly impaired. 

- - - - - - - - - - - - - - -  

b  7100 CSW Medical 

b.  On 3 Mar 92, you were absent from work without authority, and you 
failed to go at the appointed time on 5 Mar 92, for which you received an 
Article 15 on 12 Mar 92. 

c.  You were delinquent in the payment of your Open Mess account with 

$308.55 in outstanding debt payments, for which you received a Letter of 
Counseling on 11 Dec  91. 

d.  You failed to pay your rent on time on three separate occasions, for 
which you received a Letter of Reprimand on 24 Sep 91 and UIF entry on 3 Oct 
91. 

e.  On 9 Apr 91, you failed to go to a scheduled appointment and you 
failed to go to your appointed place of duty on 10 Apr 91, for which you 
received a Letter of Counseling on 10 Apr 91. 

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. 

3 .   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 

Bldg 206, on 15 May 92 at 0940 hrs.  You may consult civilian counsel 

-at 

at your own expense. 



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