AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ENP RY OPGVaES ar reper rrr are: al
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
a AMN
ee ne
TYPE
PERSONAL APPEARANCE L X RECORD REVIEW
COUNSEL NAME OF COUNSEL AND OR ORGANIZATION — ADDRESS AND OR ORGANIZATION OF COUNSEL ”
YES NO
xX
VOTE OF THE BOARD
MEMBERS SITTING HON GEN UOTHC OTHER DENY

xX
x
X
XxX
x

ISSUES INDEX NUMBER EXHIBITS SUBMITTED TO THE BOARD

A95.00 A67,10 1 | ORDER APPOINTING THE BOARD

2 | APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION
HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE

 

aL nEBI0S FD2002-0320 COUNSEL’S RELEASE TO THE BOARD

 

 

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

 

 

 

 

* APPLICANT'S ISSUE AND THE BOARD’S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE.

 

 

 

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 PRESIDENT. aus

a

  
  

DATE: 21 FEB.03

 

 

 

INDORSEMENT
TO: FROM:
SAF/MIBR 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 FD02-0320

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

FINDINGS: Upgrade of discharge is denied.

The board finds that the applicant submitted no issues contesting the equity or propriety of the discharge,
and after a thorough review of the record, the Board was able to identify none 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
two Article 15’s for failure to go and sleeping on his post. He also received a vacation action under the
UCMS for failure to go and dishonorably failing to pay just debts. In addition, he also received a Letter of
Reprimand, and three Letters of Counseling for being late for formation, failure to go on two occasions,
dereliction of duty and failure to obey a lawful order and wearing an earring in uniform. The DRB opined
that through these administrative actions, the applicant had ample opportunities to change his
negative/repetitive behavior. The Board concluded the disciplinary infractions were a significant departure
from the conduct expected of all military members. The Board found no evidence of impropriety or
inequity in this case on which to base an upgrade of discharge.

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
FD2002-0320

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

(Former AMN) (HGH A1C)

 

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 19 OCT 01 UP AFI 36-
3208, para 5.49 (Misconduct - Minor Disciplinary Infractions). Appeals for
Honorable Disch.

2. BACKGROUND:

a. DOB: 20 JAN 76. Enlmt Age: 22 4/12. Disch Age: 25 9/12. Educ: HS DIPL.
AFQT: N/A. A-63, E-55, G-46, M-57. PAFSC: 3P031 - Security Forces
Apprentice. DAS: 12 APR 98.

b. Prior Sv: (1) AFRes 11 JUN 98 - 28 JUL 98 (1 Month 18 Days) (Inactive).

3. SERVICE UNDER REVIEW:
a. Enld as AB 29 JUL 98 for 4 yrs. Svd: 3 Yrs 2 Mos 21 Das, all AMS.

b. Grade Status: AMN - 29 AUG 98 (Vacation of Article 15, 02 MAR Q1).
Alc - 09 NOV 99.
AMN - 29 JAN 99.

(Examiner's Note: Special Order (P-294, dated 29 May 01)for promotion
to AIC effective 29 Jun 01 was published in error. Applicant was not
eligible for promotion on this date due to a referral EPR that closed-

out 28 Mar 01).
c. Time Lost: None

d. Art 15’s: (1) 23 AUG 01, Hurlburt Field, FL - Article 113. You, on or
about 20 Jul 01, being on post as a sentinel at the
west side restricted area were found sleeping upon your
post. Fifteen days extra duty. (No appeal) (No
mitigation)

(2) O02 MAR O1, Vacation, Hurlburt Field, FL - Article 86.
You did, on or about 10 Feb 01, fail to go at the time
prescribed to your appointed place of duty. Article
134. You, being indebted to ------- in the sum of
$220.00, for transactions made against your account,
which became due and payable on or about 1 Apr 99, did,
from 1 Apr 99 to 13 Feb 01, disghonorably fail to pay
said debt. Reduction to the grade of AMN. (No appeal)
(No mitigation)

(3) 29 AUG 00, Hurlburt Field, FL - Article 86. you did,
on or about 21 Jul 00, fail to go at the time
FD2002-0320

prescribed to your appointed place of duty. Suspended

reduction to the grade of AMN, and 30 days extra duty.
(No appeal) (No mitigation)

e. Additional: LOC, 16 JUN 00 - Wearing earring in uniform.
LOC, 28 MAY 00 - Dereliction of duty and failure to obey a
lawful order.
LOC, 28 MAY 00 - Failure to go on two occasions.
LOR, 17 NOV 99 - Late for formation.

£. CM: None.

g. Record of SV: 29 Jul 98 - 28 Mar 00 Hurlburt Field 3 (Initial)
29 Mar 00 - 28 Mar 01 Hurlburt Field 2 (Annual) REF

(Discharged from Hurlburt: Field)
h. Awards & Decs: AFTR, AFOUA W/VALOR.

i. Stmt of Sv: TMS: (3) Yrs (4) Mos (9) Das
TAMS: (3) Yrs (2) Mos (21) Das

4. BASIS ADVANCED FOR REVIEW: Appin (DD Fm 293) dtd 26 JUL 02
(Change Discharge to Honorable)

NO ISSUES SUBMITTED.

ATCH
None.

14 NOV 02/cr
FL? 2002~ IS2ZO

DEPARTMENT OF THE AIR FORCE
HEADQUARTERS 16th SPECIAL OPERATIONS WING (AFSOC)

 

MEMORANDUM FOR 16 SOW CC 05 OCT 2001

FROM: 16 SOW/JA

1, AUTHORITY FOR ACTION. We have reviewed the attached administrative discharge
package in accordance with AFPD 36-32 and AFI 36-3208, and find that it is legally sufficient to

support a finding that the respondent, Balt is subject to discharge for misconduct - minor
disciplinary infractions, under AFI 36-3208, section H, paragraph 5.49.

2. BACKGROUND @gMaiiigeas served with the Notification Memorandum on
17 September 2001. He has acknowledged receipt of the Notification Memorandum, his rights to

consult counsel, and to submit statements in his behalf. siaiqyygliigeconsulted counsel and
submitted a written statement. The package was returned for a legal review on 4 October 2001.

3. BASIS FOR ACTION. During this enlistment, the respondent has received two Article 15’s, a
Vacation of Suspended Nonjudicial Punishment, three Letters of Counseling, one Letter of
Reprimand and the establishment of an Unfavorable Information File. The basis for these —
disciplinary and corrective actions were:

a. On or about 20 Jul 01, he was on post as a sentinel at the west side restricted area and
was found sleeping upon his post.

b. On or about 10 Feb 01, he failed to go at the time prescribed to his appointed place of
duty; and he, being indebted to NationsBank in the sum of $220.00, dishonorably failed to pay

said debt, from | Apr 99 to 13 Feb 01.

c. On or about 21 Jul 00, he failed to go at the time prescribed to his appointed place of
duty.

d. On or about 16 Jun 00, he failed to meet the standards as set forth in AFI 36-2903.

e. On or about 28 May 00, he failed to obey a direct order of a noncommissioned officer
and he was derelict in the performance of his duties in that he failed to conduct restricted area

entry control point checks.

~£, On or about 24 May 00 and on or about 25 May 00, he failed to go at the time
prescribed to his appointed place of duty.

Any Time... Any Place
FP 2002 -OS20

a

g. On or about 16 Oct 99 and 17 Oct 99, he failed to go at the time prescribed to his
appointed place of duty.

4. RESPONDENT'S MILITARY RECORD. Respondent has been on continuous active duty

since 29 Jul 98. apie: received a rating of 2, 3 on his Enlisted Performance Reports. He
is entitled to wear the Air Force Outstanding Unit Award with Valor Device and the Air Force

Training Ribbon.

5. RESPONDENT’S RESPONSE. The respondent did submit a written statement.sg

stated that the incidents in his past are just that, in the past. The reason he got his first Article 15
was because he was home on leave and his car broke down and he could not return on time. He
later received a vacation action because he did not report for duty due to the fact that his wife was
ill and he needed to watch her and their childrenallllilites received his second Article 15 for
failing to go to work, but he suffers from insomnia and is receiving medical attention.

6. ANALYSIS:

a. Basis for Discharge: There is a preponderance of the evidence to establish a basis for
discharge under paragraph 5.49 of AFI 36-3208. Under paragraph 5.49, a pattern of infractions,
including failure to comply with nonpunitive regulations or minor offenses under the UCM,
makes an airman subject to discharge. Infractions of this type result in informal (reduced to
writing) or formal counselings, letters of reprimand, or Article 15 nonjudicial punishments. The
respondent's documented misconduct falls into this category and establishes a basis for discharge.

b. Should Respondent be Discharged? In accordance with paragraph 6.1, when a discharge is
not mandatory, the member’s potential for future useful service must be considered, A pattern of
misconduct consisting solely of these infractions in the current enlistment makes an airman subject
to discharge. You should consider the factors listed in paragraph 6.1.1 before making a final

decision to discharg cgdiiiiaaeaanrT hese factors include how the respondent’s retention might
affect military discipline, good order, and morale; whether the circumstances that are the basis of

the discharge action will continue or recur; and the respondent’s potential for advancement and
leadership. Maw: 0 oiined disregard for military standards and policies make his
continued stay in the Air Force detrimental to good order, morale, and discipline of the

16 Security Forces Squadron. He has shown no potential for leadership or advancement.

MMA sould be discharged.

c. Characterization of Discharge: The squadron commander has recommended a General
discharge. Table 1.3 provides that for a misconduct case, the authorized discharges are (1) an
Honorable discharge, (2) a General discharge, or (3) a discharge under other than honorable
conditions (UOTHC). However, in order to impose a UOTHC discharge, a member must be
given the right to an administrative discharge board. For a case processed using notification
procedures, as this one is, only an Honorable or a General discharge is authorized. If you believe
a UOTHC discharge is appropriate, you have the option of convening an admunistrative discharge
board. However, we do not recommend doing so. While tii onduct has been
unacceptable, it was not so extreme as to warrant an UOTHC discharge. On the other hand, an
FP 2002 -~OF22O0

Honorable discharge is not warranted either. An Honorable discharge should be reserved for
those whose service is “so meritorious that any other characterization would be inappropriate”
‘pursuant to AFI 36-3208, section B, para 1.18.1. As the Special Court-Martial Convening
Authority, you may request an Honorable discharge, but only the General Court-Martial
Convening Authority, AFSOC/CC, can approve it. We believe a General discharge is the most

appropriate characterization of mplgipeiiaes sconciuct All of his misconduct outweighs the
positive aspects of his relatively brief Air Force career. A General discharge should be imposed

when “significant negative aspects of the airman’s conduct or performance of duty outweigh the

positive aspects of the airman’s military record” pursuant AFI 36-3208, section B, paragraph
1.18.2. This accurately describes CRG ice

d. Probation and Rehabilitation: The mitiating commander does not recommend probation
and rehabilitation in this case. Paragraph 7.3 directs that probation and rehabilitation should be
offered to airmen who have demonstrated a potential to serve satisfactorily, who have the
capacity to be rehabilitated for continued military service, and whose retention on active duty in a
probationary status is consistent with the maintenance of good order and discipline in the

Air Force. Prior to initiating this discharge, gilli commander gave him sever
opportunities for rehabilitation. These failed corrective opportunities afforded to

demonstrate that he is not a candidate for probation and rehabilitation.

7. ERRORS AND IRREGULARITIES, There are no errors or irregularities in the discharge
package that would affect the legal sufficiency of this discharge action.

8. OPTIONS. As the Special Court-Martial Convenng Authority, you may:

a. Direc isal@iiqagiiieiecctention in the United States Air Force;

b. Direct that the respondent be discharged from the Air Force with a General discharge with
or without probation and rehabilitation under AFI 36-3208, section H paragraph 5.49;

c. Forward a recommendation for separation under paragraph 5.49 with an Honorable
discharge to the General Court-Martial Convening Authority, AFSOC/CC (AFI 36-3208, para

5.56.2.1);

d. Direct reinitiating the package to convene an administrative discharge board if you believe
that a UOTHC discharge is warranted; or ,

e. Order a program of probation and rehabilitation in accordance with Chapter 7.
FELO02~ OF20

9. RECOMMENDATION. We recommend you sign the attached letter at Tab A directing that

AMY :ischarees from the United States Air Force with a General discharge without
probation and rehabiltation.
[FL2002-~OF202

DEPARTMENT OF THE AIR FORCE
16" SECURITY FORCES SQUADRON (AFSOC)

17 Sep Ol-

 

  

MEMORANDUM FoR Wei 6 SES

FROM: 16 SFS/CC

SUBJECT: Notification Letter — Memorandum

1. Tam recommending your discharge from the United States Air Force for misconduct, more
specifically, for minor disciplinary infractions. The authority for this action is AFPD 36-32 and
AFI 36-3208, section H, paragraph 5.49. If my recommendation for discharge is approved, your
service will be characterized as Honorable or General. I am recommending your service be
characterized as General.

2. My reasons for this action are based on the following:

a. On or about 20 Jul 01, you, being on post as a sentinel at the west side restricted area
were found sleeping upon your post, for which you received punishment under Article 15, UCM,
dated 23 Aug 01, which was filed in your Unfavorable Information File (UIF).

b. On or about 10 Feb 01, you failed to go at the time prescribed to your appointed place
of duty; and you, being indebted to NationsBank in the sum of $220.00, dishonorably failed to
pay said debt, from 1 Apr 99 to 13 Feb 01, for which you received a Vacation of Suspended
Nonjudicial Punishment, dated 2 Mar 01, which was filed in your UIF.

c. Onor about 21 Jul 00, you failed to go at the time prescribed to your appointed place
of duty, for which you received punishment under Article 15, UCMJ, dated 29 Aug 00, which

was filed in your UIF.

d. On or about 16 Jun 00, you failed to meet the standards as set forth in AFI 36-2903,
for which you received a Letter of Counseling (LOC), dated 16 Jun 00.

e. On or about 28 May 00, you failed to obey a direct order of a noncommissioned officer
and you were derelict in the performance of your duties in that you failed to conduct restricted
area entry control point checks, for which you received a LOC, dated 28 May 00.

f. On or about 24 May 00 and on or about 25 May 00, you failed to go at the time
prescribed to your appointed place of duty, for which you received a LOC, dated 28 May 00.

g. Onor about 16 Oct 99 and 17 Oct 99, you failed to go at the time prescribed to your
appointed place of duty, for which you received a Letter of Reprimand (LOR), dated 17 Nov 99.

Any Time... Any Place
FrO2 002.~ 0320

3. Copies of the documents to be forwarded to the separation authority in support of this
recommendation are attached. 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
ate 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 the Area Defense Counsel, Hurlburt Field, FL,
Bldg 90042, 4-5216/5217, on 17 S¢p01 at {530 hours. 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 within 3 workdays 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 are scheduled for a medical examination and you should report to the Hurlburt Clinic at

O08 OO _hrs on 19 ap) Ol for the examination.

8. Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974. A
copy of AFI 36-3208 will be provided upon your request. .

 

Attachments:

Documents supporting basis for discharge
1, AF Form 1137, undated (1p.)

AF Form 3070, dtd 23 Aug 01 (3p.)
AF Form 366, dtd 2 Mar 01 (2p.)

AF Form 3070, dtd 29 Aug 00 (3p.)
LOC, dtd 16 Jun 00 (2p.)

LOC, dtd 28 May 00 (Ip.)

LOC, dtd 28 May 00 (Ip.)

LOR, dtd 17 Nov 99 (1p.)

So PNIAARWH

Airman’s receipt of notification memorandum