I 

I 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF COUNSEL AND OR ORGANIZATION 

ADDRESS AND OR ORGANIZATION OF COUNSEL 

MEMBER SITTING 

EX NUMBER 

1  I  ORDER APPOINTING THE BOARD 
2  1  APPLICATION  FOR REVIEW OF DISCHARGE 

LETTER OF NOTIFICATION 

PERSONAL APPEARANCE 

HEARMG DATE 

06 Dec 2003 

CASE NUMBER 

FD-2002-0307 

Case heard at Randolph AFB, Texas 

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

TO: 

SAFMRBR 
550 C STREET WES,T, SUITE 40 
RANDOLPH AFB, TX 78150-4742 

FROM: 

SECRETARY OF T k E  AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR, EE WING, 3RD FLOOR 
ANDREWS AFB, MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2002-0307 

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 available pertinent data on the applicant and the factors leading to the discharge. 

FINDINGS:  Upgrade of Discharge is denied. 

The Board  finds the" applicant  submitted no  issues contesting the  equity or propriety  of the discharge, and 
after a thorough review  of the record,  the Board was unable to identify any that  would justify  a change of 
discharge.  The  Board  finds  that  neither  the  evidence  of  record  nor  that  provided  by  the  applicant 
substantiates an inequity or impropriety that would justify a change of discharge. 

ISSUE:  The  applicant  submitted  no  issues  and  requested  that  the  review  be  completed  based  on  the 
available service record.  The Board  reviewed  the  entire record  and  found  no  evidence of  impropriety or 
inequity in this case on which to base an upgrade of discharge.  The records indicated applicant received  an 
Article 15 for failure to go on numerous occasions.  In additional, he received two Letters of Reprimand for 
being late for duty and three Records of Individual Counseling for being  late for duty, dereliction of duty, 
and  violation  of  Air  Force  standards  of  dress  and  appearance.  The  DRB  opined  that  through  these 
administrative actions, the applicant had ample opportunities to change his negativelrepetitive behavior.  The 
Board concluded the disciplinary  infractions were a  significant departure from the conduct expected of  all 
military members. 

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 

DEPARTMENT OF THE AIR  FORCE 

AIR  FORCE DISCHARGE REVIEW  BOARD 

ANDREWS AFB, MD 

(Former AB)  (HGH A1C) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr USAF 01/03/16 UP AFI 36-3208, 
para 5.49 (Misconduct -  Minor Disciplinary Infractions).  Appeals for Honorable 
Disch. 

2.  BACKGROUND: 

a. DOB: 79/12/19.  Enlmt Age: 19 5/12.  Disch Age: 21 2/12. Educ: HS DIPL. 

AFQT: N/A.  A-77,  E-81,  G-64,  M-74. PAFSC: 2A333A -  F-15 Tactical Aircraft 
Maintenance Apprentice. DAS: 00/03/22. 

b.  Prior Sv: (1) AFRes 99/05/25 -  99/07/20 (I month 26 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AMN 99/07/21 FOR 6 Yrs. Svd: 01 Yrs 07 Mo 26 Das, all AMS. 

b.  Grade Status:  AB  -  01/02/21 (Article 15, 01/02/21). 

A1C -  Unknown. 

c.  Time Lost:  None. 
d.  Art 15's:  (1) 01/02/21, Seymour Johnson AFB, NC -  Article 86.  You 

did, on divers occasions, between on or about 17 Jan 01 
and on or about 19 Jan 01, without authority, fail to 
go at the time prescribed to your appointed place of 
duty.  You did, on or about 14 Feb 01, without 
authority, fail to go at the time prescribed to your 
appointed place of duty.  Reduction to AB. 
(Appeal/Denied) (No mitigation) 

e.  Additional: RIC, 05 JAN 01 -  Violation of Air Force Standards of Dress 

and Appearance. 

LOR, 30 NOV 00 -  Late for duty. 
LOR, 04 OCT 00 -  Late for duty. 
RIC, 12 SEP 00 -  Dereliction of duty. 
RIC, 26 JUL 00 -  Late for duty. 

f.  CM:  None. 

g.  Record of SV: None. 

(Discharged from Seymour Johnson AFB) 

h.  Awards &  Decs:  AFTR, AFOUA. 

i.  Stmt of Sv:  TMS:  (01) Yrs  (09) Mos  (22) Das 
TAMS:  (01) Yrs  (07) Mos  (26) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 02/07/10. 

(Change Discharge to Honorable) 

Plan to appear in person and will discuss issues at that time. 

ATCH 
1. Two Character References 
2. AF Form 100. 

1.18.2,  when  "significant  negative  aspects  of  the  airman's  conduct  or  performance  of  duty  outweigh 
positive aspects  of the  airman's  military record."  AB-has 
a well-documented history of minor 
misconduct  since  his  arrival  at  Seymour Johnson  AFB.  His  repeated  misconduct  far  outweighs the 
positive aspects of his service; therefore, a general discharge is appropriate. 

c.  Probation and Rehabilitation:  I concur with the commander's recommendation that AB-not 

be offered P&R.  The Air Force has already made substantial efforts to rehabilitate this member through 
counseling and  discipline.  Rather  than  take responsibility  for his  actions and  correct  his  behavior in 
response to these measures, AB -0ntinued 
to engage in misconduct, thereby showing that he does 
not have the capacity to be rehabilitated for continued military service.  Therefore, P&R is not appropriate 
in this case. 

6.  LEGAL SUFFICIENCY:  This case is legally sufficient, contingent upon a finding that the respondent 
is medically qualified for worldwide duty. 

7.  OPTIONS:  As the separation authority, you have the following options in this case: 

a.  Retain the respondent; or 

b.  Approve  separation and recommend to the  9 AF/CC that  the respondent be  discharged with an 

honorable discharge with or without probation and rehabilitation; or 

c.  Approve separation and discharge the respondent with a general discharge with or without proba- 

tion and rehabilitation; or 

d.  If you believe an under other than honorable conditions (UOTHC) discharge is appropriate, return 
the case file to the squadron commander and direct processing by administrative board procedures IAW 
AFI 36-3208, paragraph 6.13. 

8.  RECOMMENDATION:  That you  approve the  separation of  AB-from 
the United States Air 
Force  with  a  general  discharge,  without  probation  and  rehabilitation,  by  signing  the  attached 
memorandum. 

- . - - - -  - - 
Staff Judge ~dvocatk - 

Attachment: 
Case File-AB 

A, ARTMENT OF THE AIR FORC- 

4TH FIGHTER WING (ACC) 

SEYMOUR JOHNSON AIR  FORCE BASE  NC 

FD-2 

- ~ 3 0  7 

FROM:  335 FSICC 

SUBJECT:  Notification Memorandum 

1.  I  am  recommending your  discharge  from the  United  States Air  Force  for  misconduct,  specifically 
minor disciplinary infractions.  The authority for my recommendation is AFPD 36-32 and AFI 36-3208, 
, Chapter  5,  Section H,  Paragraph  5.49.  According  to  Table  1.3 of AFI  36-3208,  your  service can be 
characterized as honorable, general, or under other than honorable conditions.  I am recommending your 
service be characterized as general. 

2.  My reasons for this action are: 

a.  On or about 26 July 2000, you reported late for duty for which you received a Record of Individual 

Counseling.  This is evidenced by an AF Form 174, dated 26 July 2000 (Tab la). 

b.  On  or about 8 September 2000, you  were derelict in the performance of your duties in that you 
were observed by Quality Assurance (QA) prepping aircraft 0471 for a CFT removal without tech data 
for which you  were given a Record of Individual  Counseling.  This is evidenced by  an AF Form  174, 
dated 12 September 2000 (Tab lb). 

c.  On  or  about  3  October  2000,  you  reported  late  for  duty  for  which  you  received  a  Letter  of 

Reprimand.  This is evidenced by a Letter of Reprimand, dated 4 October 2000 (Tab lc). 

d.  On  or  about 28 November  2000, you reported late  for  duty for  which you  received  a  Letter  of 

Reprimand.  This is evidenced by a Letter of Reprimand, dated 30 November 2000 (Tab 1 d). 

e.  On or about 5 January 200 1, you reported for duty in violation of Air Force Standards of Dress and 
Appearance, in  that you  failed to shave prior to reporting for duty for which you received a Record of 
Individual Counseling.  This is evidenced by an AF Form 174, dated 5 January 2001 (Tab 1 e). 

f.  Between  on  or  about  17 January  2001  and  on  or  about  19 January  2001  and  on  or  about  14 
February 2001, you  failed to go to your  appointed place of duty for which you received an Article  15. 
These actions are evidenced by an AF Form 3070, dated 15 Febwary 2001 (Tab1 f). 

3.  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. 

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  Capt -Area 
Defense Counsel, at  11 85  Cannon 
Street, Suite 308, Seymour Johnson AFB NC.  The Area Defense Counsel can be reached at ext. 2-5345 
or  DSN  722-5345.  Your  appointment has  been  scheduled  on  . 7 
(time).  You may consult civilian counsel at your own expense.  OW 

DFO 

\  (date)  at  0 ~ ~ 0  

5.  You have the right to submit statements in your own behalf.  Any statements you want the separation 
authority to consider must reach me  by  12 RcrO/ 
/00dL  (allow three duty days) unless you request 
and receive an extension for good cause shown.  I will send them 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 have been  scheduled for a mandatory medical  examination at the 4th Medical Group, Seymour 
Johnson AFB, Green Team at 0915 hours on  8 March 2001. 

8.  Any personal information you  furnish in rebuttal is covered by the Privacy Act of  1974.  A copy of 
AFI 33-332 is available for your use at the unit orderly room or the Area Defense Counsel office. 

9.  Execute the attached acknowledgement and return it to me immediately. 

Commander 

Attachments: 
Supporting Documentation: 

a.  AF Form 174, dated 25 July 2000 
b.  AF Form 174, dated 12 September 2000 
c.  Letter of Reprimand, dated 4 October 2000 
d.  Letter of Reprimand, dated 30 November 2000 
e.  AF Form 174, dated 5 January 200 1 
f.  AF Form 3070, dated 15 February 2001