AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN

AMN

 

 

 
  

PERSONAL APPEARANCE X RECORD REVIEW

"| NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

    

 

 

 

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MEMBERS SITTING HON | GEN UVOTRC OTHER DENY

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

  
    
  

ISSUES INDEX NUMBER 5 i] Cl EXHLBITS SUBMITIED (0 THIOBOARD aan gee:
A92.37, A93.23 A67.50 ORDER APPOINTING THE BOARD

 

 

 

APPLICATION FOR REVIEW OF DISCHARGE

 

LETTER OF NOTIFICATION

BRIEF OF PERSONNEL FILE

COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

HEARING DATE CASE NUMBER

02-12-20 FD2002-0278

sep et bo)

 

 

 

 

| "TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

 

 

 

REMARKS

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 BOARD PRESIDER

rh

  
   

 

SAF/MIBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
55) @ STREET WEST, SUITE 40 AIR FORCE DISCHARGE REVIEW BOARD

RANDOLPH AFB, TX 78150-4742 1535 COMMAND DR, EE WING, 3°" FLOOR

ANDREWS AFB, MD 20762-7002

  

 

 

 

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

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 nght.

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 a pattern of misconduct, and a mental disorder. He had three Letters
of Reprimand, two Letters of Counseling, an Article 15, and Unfavorable Information File. He also
received an Enlisted Performance Report rated an overall referral “2,” and failed his Career Development
Course. His misconduct included several instances of failure to go, underage drinking, driving under the
influence which resulted in an off-base motor vehicle accident and civilian arrest, drinking within 8 hours
before duty, failure to have his dormitory room in inspection order, and failure to have his uniform in
inspection order. Applicant asks that his mental health record be taken into account as a contributing factor
to his misconduct. At the time of the discharge, applicant’s mental health evaluation showed member had
been diagnosed with an adjustment disorder and depression, and was used as a secondary basis for the
discharge. The Board noted that member was also diagnosed an alcohol abuser, but in spite of member’s
alcohol use and mental health situation, he was still responsible for his actions of misconduct and must be
held accountable for those. He was counseled repeatedly and given numerous opportunities to improve his
behavior but failed to respond to those rehabilitative efforts. Furthermore, existence of a character and
behavior disorder does not bar separation for any other authorized reason, such as misconduct, if that reason
is More appropriate; a discharge for a mental disorder is not appropriate if the airman’s record supports
discharge for misconduct. No inequity or impropriety was found in this discharge in the course of the
records review.

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
FD2002-0278
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

[rr (Former AMN) (HGH A1C)

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 02/01/31 UP AFI 36-3208,
para 5.50.2 and 5.11.1 (Misconduct - A Pattern of Misconduct and Mental
Disorders). Appeals for Honorable Disch.

2. BACKGROUND:

a. DOB: 81/03/01. Enlmt Age: 18 10/12. Disch Age: 20 10/12. Educ:
HS DIPL. AFQT: N/A. A-50, E-46, G-46, M-42. PAFSC: 3P031 - Security Forces
Apprentice. DAS: 00/08/08.

b. Prior Sv: (1) AFRes 00/01/04 - 00/03/14 (2 Mos 11 Days) (Inactive).
3. SERVICE UNDER REVIEW:
a. Enid as AB 00/03/15 for 6 yrs. Svd: 1 Yr 10 Mos 17 Das, all AMS.

b. Grade Status: AMN - 01/02/23 (Article 15, 01/02/23)
Alc - 00/04/28

c. Time Lost: None.

d. Art 15’s: (1) 01/02/23, Luke AFB, AZ - Article 92. You, who knew of
your duties, on or about 11 Feb 01, were derelict in
the performance of those duties in that you willfully
failed to refrain from drinking alcohol while under the
age of twenty-one, as it was your duty to do. You, who
knew of your duties, on or about 11 Feb 01, were
derelict in the performance of those duties in that you
willfully failed to refrain from drinking alcohol
within 8 hours before duty, as it was your duty to do.
Reduction to the grade of AMN, and 45 days extra duty.
(No appeal) (No mitigation)

e. Additional: LOR, 24 APR 01 - Failure to have uniform in inspection
order.
LOC, 14 OCT 00 - Failure to report for duty on time.
LOR, 11 OCT 00 - Failure to go.
LOR, 1 SEP 00 - Failure to go and underage drinking.
LOC, 25 AUG 00 - Dormitory room not in inspection order
and alcoholic beverages found in room.

£. CM: None.

g. Record of SV: 00/03/15 - 01/12/15 Luke AFB 2 (Initial) REF
FD2002-0278
(Discharged from Luke AFB)
h. Awards & Decs: AFTR.

i. Stmt of Sv: TMS: (2) Yrs (0) Mos (28) Das
TAMS: (1) Yr (10) Mos (17) Das

4. BASIS ADVANCED FOR REVIEW: Appin (DD Fm 293) dtd 02/06/27.
(Change Discharge to Honorable)

Issue: Please take into consideration my mental health records. I feel
that my mental state while enlisted was a contributing factor in my misdeed
toward the United States Air Force.

ATCH
None.

02/10/23/cer
F 22.2002. - 02 VE

DEPARTMENT OF THE AIR FGikCE
56th Security Forces Squadron (AETC)
Luke Air Force Base, Arizona ,

 

DATE: JAN 22 2002

MEMORANDUM FOR,Sieiagii eRe

FROM: 56 SFS/CC

SUBJECT: Notification Memorandum

1. [am recommending your discharge from the United States Air Force for A Pattern of
Misconduct. I am also recommending you be discharged for Mental Disorders, specifically for
an Adjustment Disorder with Depressed Mood. I am recommending that A Pattern of
Misconduct be the primary basis for your discharge. The authority for this action is AFPD 36-32
and AFI 36-3208, paragraphs 5.50.2 and 5.11.1. This type of discharge can result in either an
honorable, general, or under other than honorable conditions discharge. I am recommending
your discharge be characterized as general.

2. My primary reasons for this action are:

a. On 21 Aug 00, you failed to have your dormitory room in inspection order. A Letter of
Counseling, dated 25 Aug 00, evidences this misconduct.

b. On 27 Aug 00, you were drinking alcohol while under the age of 21. Also on 1 Sep 00,
you failed to report to your appointed place of duty at the time prescribed and failed to have your
dormitory room in inspection order. A Letter of Reprimand, dated 1 Sep 00, evidences this
misconduct.

c. On 2 Oct 00, you failed to report for an appointment at the time prescribed. Also, on
11 Oct 00, you again failed to report for an appointment at the time prescribed. A Letter of
Reprimand, dated 11 Oct 00, evidences this misconduct.

d. On 9 Oct 00, you failed to report to your appointed place of duty at the time prescribed. A
Letter of Counseling, dated 14 Oct 00, evidences this misconduct.

e. On 1! Feb O01, you failed to refrain from drinking alcohol while under the age of 21. You
also failed to refrain from consuming alcohol within 8 hours before duty. An Article 15, dated
23 Feb 01, evidences this misconduct. Your punishment included reduction to the grade of E-2
and 45 days extra duty. An Unfavorable Information File was established.

f. On 19 Apr 01, you failed to have your uniform in inspection order. A Letter of Reprimand,
dated 24 Apr 01, evidences this misconduct,
“£D2002.~027F

3. My secondary reason for this action is that on 26 Dec 01, you were diagnosed with an
Adjustment Disorder with Depressed Mood, as contained in the Diagnostic and Statistical
Manual of Medical Disorders. It has been determined that your diagnosed Mental Disorder

makes you unsuitable for military service. A memorandum, dated 26 Dec 01, and signed by
Sea Skills Support Center, further evidences your inability
to function in a military environment.

4, Copies of the documents to be forwarded to the separation authority in support of this

ne ERE

_ *oiamendation will be provided to you. 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 United States Air
Force and will likely be denied enlistment in any component of the armed forces. Any special
pay, bonus, or education assistance funds may be subject to recoupment.

5. 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, at Building 1150,

Suite 3015, Luke Air Force Base, Arizona, extension 6701, on@2 SAMOA _ at JO 4TY” hours.
You may consult civilian counsel at your own expense.

6. You have the right to submit statements on your own behalf. Any statements you want the

separation authority to consider must reach me by _.).9°"Sano2. unless you request and
receive, in writing, an extension for good cause. I will forward any statements you submit to the

separation authority as part of this package.

7. Failure to consult counsel or to submit statements on your own behalf constitutes a waiver of
your right to do so,

8. You must retrieve your medical records from 56th Medical Group Hospital Outpatient
Records Section and report to Physical Examinations Section, building 810, with your medical
records and a copy of this discharge package for medical review and/or examination.

9. The Privacy Act covers all personal information you furnish in rebuttal. A copy of
AFI 36-3208 is available for your use in the Orderly Room.

10. Sign the receipt of notification and retum it to me immediately.
~ ZPARTMENT OF THE AJR FORU 5 9 92 - 52
, 56th Fighter Wing (AETC) Ft FO 0275
Luke Air Force Base Arizona

4 t

 

JAN 28 2002

MEMORANDUM FOR 56 FW/CC

FROM: 56 FW/JA

TAT. i cs

SUBJECT: Legal Review of Administrative Discharge — gaiinanvaiaiiiiiiee,

yes

1. ACTION: This case is before you for review and action in your capacity as the separation
authority. The 56 SFS/CC recommends the Respondent be separated from the United States Air
Force with a general discharge without probation and rehabilitation pursuant to AFI 36-3208,
paragraphs 5.50.2, Pattern of Misconduct and 5.11.1, Mental Disorders. 56 SFS/CC
recommends paragraph 5.50.2, Pattern of Misconduct, be designated as the primary basis for
discharge. I concur.

2. BACKGROUND: The Respondent is 20 years old and has served approximately 1 year and 9
months of a current 6 year enlistment. His AQE scores are: Admin - 50; Elec — 46; Gen - 46;
and Mech - 42. The Respondent’s awards and decorations include the Air Force Training
Ribbon. The Respondent has received one EPR, dated 15 Mar 00 — 15 Dec O1, rated an overall
2.

3. FACTS: The following actions from the Respondent’s current enlistment establish the basis
for discharge under paragraphs 5.50.2 and 5.11.1:

a. Pattern of Misconduct:

(1) On 2! Aug 00, the Respondent failed to have his dormitory room in inspection order.
For this incident he received a Letter of Counseling.

(2) On 27 Aug 00, the Respondent was drinking alcohol while under the age of 21. Also,
on | Sep 00, he failed to report to his appointed place of duty at the time prescribed, and failed to
have his dormitory room in inspection order. For these incidents he received a Letter of
Reprimand.

(3) On 2 Oct 00 and 11 Oct 00, the Respondent failed to report for an appointment at the
time prescribed. For these incidents he received a Letter of Reprimand.

Attorney Work Product—
This work product has been prepared by an attorney in the course of performing legal duties on behalf of a client, and is not to be
provided to anyone outside the Air Force without approval of the originator or higher authority. It is exempt from disclosure under the
Freedom of Information Act under 5 U.S.C. §552(b)(5) and protected from release under FRCP 26(b)(3).
ae FP 2002-027

| (4) On 9 Oct 00, the Respondent failed to report to his appointed place of duty at the time
prescribed. For this incident he received a Letter of Counseling. ;

(5) On 11 Feb 01, the Respondent failed to refrain from drinking alcohol while under the
age of 21, and failed to refrain from consuming alcohol within 8 hours before duty. For this
incident he received an Article 15. His punishment included reduction to the grade of E-2 and 45

days extra duty.

(6) On 19 Apr 01, the Respondent failed to have his uniform i in inspection order. For
nts Ticidest re received a Letter of Reprimand.

b. Mental Disorders: In a Mental Health evaluation, dated 26 Dec 0 | ,-dlaiilitiedatenr.
REE cisenose the Respondent with an Adjustment Disorder with Depressed
ood, as contained in the Diagnostic and Statistical Manual of Medical Disorders (DSM-IV).
MBA erined that the Respondent’s mental disorders are so severe-that his ability to

function in a military environment is significantly impaired. Additionally, Wee lated
that the Respondent had to be relieved of duty on several occasions due to his mental status.

4, RESPONDENT’S MATTERS: The Respondent has met with the military defense counsel
and has elected not to submit matters regarding this discharge action.

5. BASIS FOR DISCHARGE: 56 SFS/CC cites two reasons for recommending this discharge:
Pattern of Misconduct and Mental Disorders. In such cases, AFI 36-3208, paragraph 6.46,
requires the separation authority to designate a primary reason for the discharge. I recommend a
Pattern of Misconduct be designated the primary basis for discharge.

6. CHARACTERIZATION OF DISCHARGE: 56 SFS/CC recommends a general service

characterization for