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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
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h. On 24 Apr 01, the respondent failed to report to work at the appointed time. For this,
he was given nonjudicial punishment under Article 15, UCMJ on 25 May 01. His punishment
consisted of a reduction in grade to airman,

4. Matters Submitted by the Respondent: The respondent has submitted a statement for your
consideration, as well as two letters of support. (See Atch 3).

a. In his statement, the respondent expresses a desire to be retained in the Air Force. He
acknowledges that he has made mistakes during the course of his military service but indicates
that he has learned from those mistakes. The respondent goes on to say that if he were given a
second chance, he would be a successfull member of the Air Force team. He touches on
hardships he experienced while growing up, which led him to join the Air Force. The respondent
credits his service at Columbus Air Force Base with his being able to meet and marry his current

wife. He conveys gratitude for being able to serve in the Air Force, even if retention is not
granted.

b. In addition to his own statement, the respondent has submitted memoranda from two
fellow members of the Security Forces Squadron. (See Atch 3). The statements basically
express the same sentiment. They indicate that respondent is a person of great character and is a
valuable asset to the Air Force team. They also speak of the respondent's appreciation for the
Air Force and his dedication to service. Though they acknowledge the fact that the respondent
has made some mistakes, both statements express a desire for retention on his behalf.

5. Discussion:
a. Legal Sufficiency:

(1) Airmen are subject to discharge for minor disciplinary infractions when there
is at least a preponderance of the evidence they violated non-punitive regulations or committed
minor offenses (AFI 36-3208, paragraphs 5.49 and 6.12.1). Minor disciplinary infractions may
involve informal counselings, formal counselings, letters of reprimand, or nonjudicial
punishment under Article 15 (AFI 36-3208, paragraph 5.49).

(2) The evidence in this case clearly shows a series of violations of non-punitive
regulations and minor offenses. These violations and offenses were documented as informal
counselings, formal counselings, letters of reprimand, and one Article 15. On at least 8
occasions in a little less than two years of service, the respondent violated Air Force standards.
Since arriving at Columbus AFB in Nov 99, he has been derelict in the performance of his duties
by failing to report to work on time, and failing to be attentive to his post. The respondent also
failed to adhere to acceptable Air Force standards of dress and appearance by failing to properly
shave and failing to properly shine his boots.

(3) In summary, the evidence is more than sufficient to support this discharge

action.
FD 2O2-03/7

b. Characterization of Service: Separation for minor disciplinary infractions may result
in an honorable, general, or under other than honorable conditions (UOTHC) discharge.

(1) A honorable discharge is warranted when the quality of the airman’s service
generally has met Air Force standards of acceptable conduct and performance of duty, or
when a member’s service is otherwise so meritorious that any other characterization
would be inappropriate. (AFT 36-3208, paragraph 1.18.1)

(2) A general discharge is appropriate when a member’s service has been honest
and faithful, but significant negative aspects of the member’s service outweigh the
positive aspects (AFI 36-3208, paragraph 1.18.2).

(3) A UOTHC discharge is appropriate when the member’s service is a
significant departure from the conduct expected of airmen (AFI 36-3208, paragraph
1.18.3). Under this type of characterization, the member must be given an opportunity
for a hearing by an administrative discharge board or request discharge in lieu of trial by
court-martial.

14 SFS/CC is recommending a general discharge. I concur. Here, the numerous infractions
committed by the respondent qualify as significant negative aspects of the respondent’s career
outweighing the positive aspects. Accordingly, a general discharge is appropriate.

¢. Probation and Rehabilitation (P&R): After making several attempts to turn the
respondent around, his commander is now convinced that Probation and Rehabilitation would be
inappropriate I agree. Prompt and immediate discharge is appropriate in this case.
6. Commander's Options: As the separation authority you may:

a. Direct the respondent be retained;

b. Direct the respondent be discharged with a general discharge, with or without the
opportunity for P&R;

c. Recommend the respondent be discharged with an honorable discharge and forward
this package with your justification to HQ 19 AF/CC for approval; or

d. Forward this case to a discharge board if you believe a UOTHC is appropriate.

7. Recommendation: That you direct the respondent be separated from the Air Force with a
general discharge without P&R.
PP Kea2- 03/7

DEPARTMENT OF THE AIR FORCE

AIR EDUCATION AND TRAINING COMMAND

 

13 6 Ju. Gul

 

FROM: 14 SFS/CC
SUBJECT: Notification Memorandum

1. [am recommending your discharge from the United States Air Force for Minor Disciplinary
Infractions. The authority for this action is AFPD 36-32, Military Retirements and Separations,
and AFI 36-3208, Administrative Separation of Airmen, Chapter 5, Section H, Misconduct,
Paragraph 5.49, Minor Disciplinary Infractions. 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:

a. On 19 Dec 99, you failed to report to work on time and on 16 Dec 99, you missed your
cycle ergometry test for which you received a Letter of Counseling, dated 19 Dec 99. (Atch 1)

b. On 17 Mar 00, you were derelict in the performance of your duties in that you failed to be
attentive to your post for which you received a Letter of Counseling, dated 17 Mar 00. (Atch 2)

c. On 26 Apr 00, you failed to properly shine your boots for which you received a Letter of
Counseling, dated 26 Apr 00. (Atch 3)

d. On 12 May 00, you failed to report to an appointment on time and upon arriving at that
appointment you were not properly shaven for which you received a Letter of Counseling, dated
12 May 00. (Atch 4)

e. On 28 Dec 00, you failed to adhere to your 24 hour quarters authorization. As a result, you
received a Letter of Reprimand (LOR), dated 29 Dec 00. (Atch 5)

f. On 13 Feb 01, you failed to report to work on time for which you received an LOR, dated
13 Feb 01. (Atch 6)

g. On 23 Mar 01, you failed to report to work on time for which you received and LOR, dated
4 Apr 01. (Atch 7)

h. On 24 Apr 01, you failed to report to work at the appointed time for which you received
nonjudicial punishment under Article 15, UCMJ, on 25 May 01. Your punishment consisted of a
_reduction in grade to airman. (Atch 8)
PR A002 —- 33/7

i. On 20 Jul 01, you were on post guarding the F-117, Stealth Fighter, but had to be relieved
of those duties because of dereliction. You were found to be on a bathroom break without
having called for a relief patrol. (Atch 9)

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 discharge will be characterized. If you are discharged, you will be
ineligible for reenlistment in the Air Force and any special pay, bonus, or education assistance

funds may be subject to recoupment.

4. You have the right to consult counsel. Military legal counsel has been obtained to assist you.

Please consult the Area Defense Counsc! @qQgeeeaaeRIENNN at Keesler AFB at DSN

597-2429 or (228) 377-2429. You may consult civilian counsel at your,own expense.

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 COB __2 Avevusr_ 01 (three workdays
from your receipt of this notification memorandum) 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 medical examination. You must report to the Columbus AFB
Clinic, Physical Exam Section at 1100 on 1 Aug 01 for the examination.

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

9, Execute the attached acknowledgment and return it to me immediately.

 

Commander, 14 SFS_ :

10 Attachments:

1. Letter of Counseling, dated 19 Dec 99
2. Letter of Counseling, dated 17 Mar 00
3. Letter of Counseling, dated 26 Apr 00
4. Letter of Counseling, dated 12 May 00
. Fy 2002-03/9

5. Letter of Reprimand, dated 29 Dec 00

6. Letter of Reprimand, dated 13 Feb 01

7. Letter of Reprimand, dated 4 Apr 01

8. AF Form 3070, dated 25 May 01

9. Memo For Record, dated 23 Jul 01

10. Airman’s Receipt of Notification Memorandum