AIR FORCE DISCIIARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE oT AFSN/SSAN
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GEN PERSONAL APPEARANCE X RECORD REVIEW

COUNSEL: NAME OF COUNSEL AND OR ORGANIZATION ADPRESS AND OR ORGANIZATION OF COUNSEL
YES NO .

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ISSUES INDEX NUMBER ‘ chiles ER AUBITS SUBMITTED TO THE BOARD &3.)
A94.53, A94.05, AOL.13 A67.10 1. | ORDER APPOINTING THE BOARD
2 *| APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION

   

 

 

    

HEARING DATE CASE NUMBER

BRIEF OF PERSONNEL FILE

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03-01-08 FD2002-0308 COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

   
  
  
   

 

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING
ic SUE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE, REVIEW BOARD DECISIONAL RA EO NAL

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REMARKS

Case heard at Washington, D.C.
Advise applicant of the decision of the Board, and the right to a personal appearance with/without counsel.

DD Form 149 submitted. Advise applicant the case will be forwarded to the AFBCMR for further processing.

SIGNATURE OF BOARD PRESIDENT aes

 

 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
550 C 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 | 2002-0308

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 night.

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.

Issues. Applicant was discharged for minor disciplinary infractions. He had an Article 15, four Letters of
Reprimand, and two Letters of Counseling. His misconduct included three instances of failure to go,
making a false official statement, writing bad checks, and dereliction of duty. At the time of the discharge,
member consulted counsel and waived his right to submit a statement in his own behalf. At the time of
Article 15, member admitted the dereliction of duty charge, although he denied the false statement, and
requested any reductions or forfeitures be suspended, which they were. Member was given several
opportunities to correct his behavior but was either unwilling or unable to do so. The Board noted that
member was the same age as other airmen who had adhered to the standards when his misconduct occurred,
and he knew right from wrong. He was responsible for his actions, and therefore was held accountable for
them. 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
FD2002-0308
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

eee (Former A1C) (HGH A1C)

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 99/07/01 UP AFI 36-3208,

para 5.49 (Misconduct - Minor Disciplinary Infractions). Appeals for Honorable
Disch,

2. BACKGROUND:

a. DOB: 77/09/17. Enlmt Age: 19 8/12. Disch Age: 21 9/12. Educ: HS DIPL.
AFQT: N/A. A-86, E-46, G-44, M-40. PAFSC: 3P031 - Security Apprentice.
DAS: 98/04/23.

b. Prior Sv: (1) AFRes 97/05/27 - 97/11/24 (5 months 28 days) (Inactive).

3. SERVICE UNDER REVIEW:

a. Enlisted as Amn 97/11/25 for 4 yrs. Svd: 01 Yrs 07 Mo 07 Das, all AMS.
b. -Grade Status: Al1C - 98/09/25

c. Time Lost: None.

d. Art 15’s: (1) 99/05/28, Fairchild AFB, WA - Article 92. You, who
knew of your duties, on or about 13 May 99, were
derelict in the performance of those duties in that you
willfully cleared your duty weapon without supervision,
as it was your duty to do. Article 107. You, did, on
or about 13 May 99, with intent to deceive, make to
TSgt ------ , an official statement, to wit: You stated
that A1C ------ instructed you to clear your duty
weapon without supervision, or words to that effect,
which statement was totally false, and was then known
by you to be so false. Suspended forfeiture of $100.00
pay per month for two months, 14 days extra duty, anda
reprimand. (No appeal) (No mitigation)

e. Additional: LOR, 07 JUN 99 - Two bad checks.
LOR, 15 MAY 99 - Dereliction of duty. ©
LOC, 24 FEB 99 - Failure to properly complete leave form.
LOR, 12 FEB 99 - Failure to go.
LOR, 10 NOV 98 ~ Failure to go.
LOC, 30 SEP 98 - Failure to go.

£. CM: None,

g. Record of SV: None.
(Discharged from Fairchild AFB)

h. Awards & Decs: AFAM, AFTR.

i. Stmt of Sv: TMS: (02)
TAMS:; (01)

4. BASIS ADVANCED FOR REVIEW:

Yrs (01) Mos (05) Das
Yrs (07) Mos (07) Das

Appln (DD Fm 293) dtd 02/06/24.

(Change Discharge to Honorable)

NO ISSUES SUBMITED.

ATCH
1. DD Form 149.

FD2002-0308

02/11/01/ia
| PD £2- 650%
DEPARTMENT OF THE AIR FO. .E

HEADQUARTERS 92D AIR REFUELING WING (AMC)
FAIRCHILD AIR FORCE BASE WASHINGTON

 

$0 JUN 88
MEMORANDUM FOR 92 ARW/CC

FROM: 92 ARW/JA

SUBJECT: Legal Review of AFI 36-3208, Administrative Separation of Airmen

Administrative Discharge -@ROG Raa

1. I have reviewed the proposed involuntary separation action concerning 4 the
respondent, and find it legally sufficient to support involuntary discharge for minor disciplinary
infractions under AFPD 36-32 and AFI 36-3208, paragraph 5.49.

2. Background: On 17 Jun 99, the 92 SFS/CC initiated this separation action against the
respondent for minor disciplinary infractions. He recommends a general discharge, without
opportunity for probation and rehabilitation (P&R). The respondent acknowledged notification
of this action on 17 Jun 99.

3. The following misconduct supports this discharge which is warranted by the evidence:

a. On or about 30 Sep 93 SE was derelict in his duties in that he failed to report to

the immunization clinic and receive his shots as he was instructed by Qn and
See For this misconduct, he received a letter of counseling dated 30 Sep 98.

b. On or about 10 Nov 98, QAM failed to go to his appointed places of duty in that he
failed to go to a physical exam and a dental appointment. For these failures, he received a letter

of reprimand dated 10 Nov 98.

c. Onor about 10 Feb 99, SMA, failed to go at the time prescribed to his appointed
place of duty in that he failed to go to chemical warfare defense training (CWDT). For this

failure, he received a letter of reprimand dated 12 Feb 99.

d. On or about 16 Feb 99, SEED failed to complete his leave form properly as ordered

by RI, 2c‘ resulting in his taking leave without obtaining proper

authorization. For this failure, he received a letter of counseling dated 24 Feb 99.

e. On or about 6 May 99, Sais vit intent to defraud wrote two checks for the
procurement of goods and services to Lilac City Auto Sales totaling $1000 with insufficient
funds. For this misconduct, he received a letter of reprimand dated 7 Jun 99,

AMC--Global Reach for America “-
FD ZO3i2~- 0289

f. On or about 13 May 99, QM was derelict in his duties in that he willfully cleared
his duty weapon without supervision, as it was his duty not to do. For this misconduct, he
received an Article 15 dated 28 May 99 and an unfavorable information file was established.
The punishment consisted of 14 days extra duty, a reprimand, and a suspended forfeiture of $100
pay per month for two months. ~

g. On or about 13 May 99, SM did, with intent to deceive, make to Technical
Ww, an official statement in that he statecagggWWl instructed him to
clear his weapon without supervision, or words to that affect, which statement was totally false
and was then known by him to be so false. For this action, he received an Article 15 dated 28
May 99 and an unfavorable information file was established. The punishment consisted of 14
days extra duty, a reprimand, and a suspended forfeiture of $100 pay per month for two months.

4. Evidence favorable oRtebinciudes the following:

a. This 18 year-old airman has served on active duty for 1 year and 7 months. He began his
current term of enlistment on 25 Nov 97. His military record contains no performance reports.

b. The respondent consulted counsel and waived his right to submit statements on his behalf.

/
- 5, Discussion:

a. By a preponderance of the evidence, a basis for discharge exists for minor disciplinary
infractions pursuant to paragraph 5.49 of AFI 36-3208. Airmen in the active military service
are required to maintain, both on and off duty, the high standards of personal conduct set for
Air Force members. They occupy a unique position in society, representing the military
establishment 24 hours a day. This special status carries with it a permanent obligation to uphold
and maintain the dignity and good reputation of the Air Force at all times and in all places.
Therefore, unacceptable conduct any time adversely affects military duty performance. If an
airman’s service has been honest and faithful, and when significant negative aspects of the
airman’s conduct or performance of duty outweigh positive aspects of the military record, an
Under Honorable Conditions (General) characterization is warranted (AFI 36-3208, para 1.18.2).
The 92 SFS/CC recommends a general discharge. I concur with the 92 SFS/CC’s
recommendation that the respondent’s military service should be characterized by a general
discharge.

b. The respondent has been on active duty for | year and 7 months. The respondent’s
recurring failure to conform to Air Force standards indicates that he is a poor candidate for
probation and rehabilitation.
“Dp 28A2-A54F

6. As the special court-martial convening authority, you may:
a. Retain the respondent.

b. Approve an Under Honorable Conditions (General) discharge. You are the discharge
authority for this action. You may also suspend the discharge and offer the respondent probation
and rehabilitation under Chapter 7, AFI 36-3208.

c. Forward the case file to the Commander, Fifteenth Air Force if you conclude an honorable
discharge is warranted. The Commander, Fifteenth Air Force is the discharge authority for this
action.

d. Direct reinitiation of administrative discharge processing (with board entitlement) if you
conclude issuance of an Under Other Than Honorable Conditions discharge is warranted.

7. Recommendation: Approve a general discharge without probation and rehabilitation.

+
OC Ge ie AE ee 7. woe fe a ee ene Twa eee

FAIRCHILD AIR FORCE BASE WASHINGTON Cp .2052- 2309
TSUN’

FROM: 92 SFS/CC

”

SUBJECT: Notification Memorandum

1. Iam recommending your discharge from the United States ‘Air Force for minor disciplinary
infractions in accordance with AFPD 36-32 and AFI 36-3208, paragraph 5.49. If my
recommendation is approved, your service will be characterized as an honorable or under |
honorable conditions (general). I recommend your service be characterized with a general
discharge. My reasons for this action are:

a. On or about 30 Sep 98, you were derelict in your duties in that you failed to report to the
immunization clinic and receive your shots as you were instructed by (guage and

GRRE. § 0x this action, you received a letter of counseling dated 30 Sep 98.

b. On or about 10 Nov 98, you failed to go to your appointed places of duty in that you failed
to go to a physical exam and a dental appointment. For these failures, you received a letter of

reprimand dated 10 Nov 98.

c. On.or about 10 Feb 99, you failed to go at the time prescribed to your appointed place of
duty in that you failed to go to chemical warfare defense training (CWDT). For this failure, you
received a letter of reprimand dated 12 Feb 99.

d. On or about 16 Feb 99, you failed to complete your leave form properly as ordered by iii

SP cam cesulting in your taking leave without obtaining proper

authorization. For this failure, you received a letter of counseling dated 24 Feb 99.

e. On or about 6 May 99, you, with intent to defraud, wrote two checks for the procurement
of goods and services to Lilac City Auto Sales totaling $1000 with insufficient funds, For this
misconduct, you received a letter of reprimand dated 7 Jun 99. .

f. On or about 13 May 99, you were derelict in your duties in that you willfully cleared your
duty weapon without supervision, as it was your duty to do. For this action, you received an
Article 15 dated 28 May 99 and an unfavorable information file was established. The
punishment consisted of 14 days extra duty, a reprimand, and a suspended forfeiture of $100 pay
per month for two months.

AMC--Global Reach for America
fo | FPLOOA-O54¢0
. g. On or about 13 May 99, you did, with intent to deceive, make to Technical ggg

SEMEN on official statement in that you stated (NM instructed you to clear your

weapon without supervision, or words to that affect, which statement was totally false and was
then known by you to be so false. For this action, you received an Article 15 dated 28 May 99
and an unfavorable information file was established. The punishment consisted of 14 days extra
duty, a reprimand, and a suspended forfeiture of $100 pay per month for two months.

2. Copies of the documents to be forwarded to the separation authority to support 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 legal counsel. Military legal counsel has been obtained to assist
you. I have made an appointment for you to consult Capt Lewis, Area Defense Counsel, at 247-

2918 for an appointment on /7 JUN AGF at_/030 He . 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 272 sua! ¢9 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 previously been scheduled for a medical examination. Complete all follow up
appointments.

7. Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974. A
copy of AFI 36-3208 is available for your use in your unit orderly room.

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

 

Attachments:

1. LOC dated 30 Sep 98 (3 pages)
2. LOR dated 10 Nov 98 (2 pages)
3. LOR dated 12 Feb 99 (2 pages)
4. LOC dated 24 Feb 99 (3 pages)
a >. LOR dated 7 Jun ¥Y (2 pages)
c 5a. Copy of checks to Lilac City (1 page) f DAO 2Z-O2O Oo”
, 5b. DD Form 2258, Allotment form dated 9 Jun 99 (1 page)
Sc. Response to LOR dated 10 Jun 99
6. Article 15 dated 28 May 99 (3 pages)
6a. LOR dated 15 May 99 (2 pages)
6b. Statement by ated 14 May 99 (1 page)
6c. Statement dated 15 May 99 (1 page)

   
 

6d. SFI 31-207, 19 Apr 99, Chap 3 pg 21(1 page)
6e. Response to nonjudicial punishment proceedings dated 25 May 99(2 pages)
6f. Article 15 Response dated 25 May 99 by=@M@MMMB(2 pages)

6g. Character statement by SNS dated 21 May. 99 (1 page)
7. UIF Summary (1 page)