AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

  
 
 

 

 

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
AMN | gaan
TYPE
PERSONAL APPEARANCE X RECORD REVIEW
COUNSEL "| NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
YES NO
Xx

 

 

 

 

VOTE OF TIIE BOARD

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MEMBERS SITTING HON GEN vOTHC OTHER [ DENY
Ce x
xX
X
ap X
es x
ISSUES INDEX NUMBER EXHIBITS SUBMITTED TO THE BOARD
A95.00 A67.10 1 | ORDER APPOINTING THE BOARD
2 APPLICATION FOR REVIEW OF DISCHMIRGE
3 | LETTER OF NOTIFICATION
HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE
14 JAN 03 FD2002-0324 COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIMBRE OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPER. IE HEARING

 

 

 

 

 

; a a nner
APPLICANT'S ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONA

 

 

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 thefight to
submit an application to the AFBCMR.

    

 

SIGNATURE OF RECORDER

 
   

SIGNATURE OF BOARD PRESIDENT

   
 

|

   
 
  

 

 

 

 

 

; INDORSEMENT DATE: IH JAN 03
TO: FROM:
SAF/MIBR SECRETARY OF THE AIR FORCE PERSONNEMCOUNCIL
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

 

 

 

 

 

 

used.

AFHQ FORM 0-2077, JAN 60 (EF-V2) Previous edition will b
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE

FD02-0324

GENERAL: The applicant appeals for upgrade of discharge to Honorable.

 
    
     
  
  
  
  

  
    
      
  
 
   

The applicant was offered a personal appearance before the Discharge Review Board (DRB) but diclined to
exercise this right.

The attached brief contains the available pertinent data on the applicant and the factors leading to
discharge.

FINDINGS: Upgrade of discharge is denied.

and after a thorough review of the record, the Board was able to identify none that would justify a
discharge.

ISSUE: The applicant submitted no issues and requested that the review be completed based on tie
available service record. The Board reviewed the entire record and found no evidence of impropr|fty or
inequity in this case on which to base an upgrade of discharge. The records indicated applicant reffeived
two Article 15’s for failure to go. In addition, the applicant received six Letters’ of Reprimand fogjsleeping
on duty (twice), failure to go (twice), and disobeying a direct order. He also received a Record 0
Individual Counseling and two Memorandums For Record for failing an upgrade exam, sleeping qhring a
training class, disrespectful towards an NCO and sleeping on duty (twice). The DRB opined that
these administrative actions, the applicant had ample opportunities to change his negative/repetiti}
behavior. The Board concluded the disciplinary infractions were a significant departure from the Jjonduct
expected of all military members. The Board found no evidence of impropriety or inequity in thig
which to base an upgrade of discharge.

CONCLUSIONS: The Discharge Review Board concludes that the discharge was consistent wi
procedural and substantive requirements of the discharge regulation and was within the discretion[f 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 equitabl@basis for
upgrade of discharge, thus the applicant's discharge should not be changed.

Attachment:
Examiner's Brief
FD2§02-0324

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

(Former AMN) (HGH A1C)

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 00/09/22 UP AFI [B6-3208,
para 5.49 (Misconduct - Minor Disciplinary Infractions). Appeals for Hombrable
Disch.

2. BACKGROUND:

a. DOB: 78/09/27. Enlmt Age: 19 9/12. Disch Age: 21. Educ: HS DIB.
AFQT: N/A. A-79, E-72, G-82, M-65. PAFSC: X1A031 - In-Flight Refueling}
Apprentice. DAS: 99/03/28.

b. Prior Sv: (1) AFRes 98/07/16 - 98/07/28 (13 Days) (Inactive).
3. SERVICE UNDER REVIEW:
a. Enld as AMN for 6 yrs. Svd: 2 Yrs 1 Mo 24 Das, all AMS.

b. Grade Status: AMN - 00/08/04 (Article 15, 00/08/04)
, Alc - 98/09/12

ec. Time Lost: None.

d. Art 15's: (1) 00/08/25, Vacation, McConnell AFB, KS - Articlegsé.
You did, on or about 21 Aug 00, without authoriffy, fail
to go at the time prescribed to your appointed @lace of
duty. Forfeiture of $150.00 pay per month for tffo
months. (No appeal) (No mitigation)

(2) 00/08/04, McConnell AFB, KS - Article 86. You flid, on
or about 7 Jul 00, without authority, fail to g@ at the
time prescribed to your appointed place of duty
Article 107. You did, on or about 7 Jul 00, wifi
intent to deceive, make to SSgt ----- , an official
statement, to wit: you were late to duty becauffe you
were discussing an issue with your dorm managerff which
statement was totally false, and was then knownfby you
to be so false. Reduction to AMN, and suspende
forfeiture of $250.00 pay per month for two monfhs.
(Appeal denied) (No mitigation)

e. Additional: (EXAMINER'S NOTE: INFORMATION OBTAINED FROM NOTIFI§ATION
MEMORANDUM)
LOR,
LOR,
MFR,
LOR,
LOR,
LOR,
MFR,
LOR,

RIC,

f. CM: None.

22 AUG 00
12 JUL 00
10 JUL 00
25 JAN 00
2 MAR 00
5 FEB 99
3 FEB 99
1 DEC 98

FD200§-0324

Failure to go.

Disobeyed a direct order.

Sleeping on duty.

Sleeping on duty.
Failure to go.
Failure to qo.

Sleeping on duty.
Sleeping during a training class afd lying
about it to supervisor.

19 NOV 98 - Failed upgrade exam, sleeping dur§mg a

training class, and disrespectful frowards
an NCO.

gq. Record of SV: 98/07/29 - 00/03/28 McConnell AFB 3 (Initial) JREF

h. Awards & Decs: AFOUA, AFTR.

i. Stmt of Sv: TMS:
TAMS:

4. BASIS ADVANCED FOR REVIEW:

(2) Yrs
(2) Yrs

(Change Discharge to Honorable)

NO ISSUES SUBMITTED.

ATCH
None.

(Discharged from McConnell AFB)

(2) Mos (7) Das
(1) Mo (24) Das

Appin (DD Fm 293) dtd 02/07/22.

02/11/B2/cr
FD 2002-0724

DEPARTMENT OF THE AIR FORCE
HEADQUARTERS 22D AIR REFUELING WING (AMC)
STAFF JUDGE ADVOCATE
McCONNELL AIR FORCE BASE, KANSAS

 

MEMORANDUM FOR 22 ARW/CC

FROM: 22 ARW/JA

SUBJECT: Involuntary Discharge — ee.

1. FACTS AND CIRCUMSTANCES: On 15 Sep 00, Seis,
Commander of the 349th Air Refueling Squadron, recommended that @ re

involuntarily discharged from the United States Air Force pursuant to AFI 36-3208, parag Aph

5.49, for minor disciplinary infractions. SERN ccommended tha. given

an under honorable conditions (general) discharge without probation and rehabilitation.

  
  
 

2) EVIDENCE:

a. Evidence for the Government. During his enlistment in the Air Force; as
engaged in a pattern of minor disciplinary infractions. A brief description of these infract—pns
follows: .

(1) On or about 16 Nov 98, p<: an upgrade training exam.
Furthermore, on or about 16 Nov 98, he was derelict in his duties, in that he slept durig® a
training class. Finally, on or about 16 Nov 98, he was disrespectful towards an NCO byginot

following his instruction to stand in the back of the class. An AF Form 174 (Recor of
Individual Counseling), dated 19 Nov 98, evidences these failures.

(2) On or about 25 Nov 98, GE ailed an upgrade training e
Furthermore, on or about 25 Nov 98, he was derelict in his duties, in that he slept durig® a
training class. Also, SQMRBBRBy lied to his supervisor when his supervisor questioned him affout
it. A Letter of Reprimand (LOR), dated 1 Dec 98, evidences these failures.

(3) On or about 1 Feb 99,4QMEBfailed to go to his appointed place of dity.
Furthermore, on or about 1 Feb 99, he was derelict in his duties, in that he was sleeping on diity.
These failures are evidenced by an LOR, dated 5 Feb 99; ewe cesponse, dated 10 Feb

99; and a Memorandum for Record (MFR) by QTE dated 3 Feb 99.

(4) On or about 22 Dec 99, gMgewas derelict in his duties, in that he yas
sleeping on duty. An LOR, dated 25 Jan 00, evidences this failure.

(5) On divers occasions between 28 Feb 00 and 1 Mar 00 Row fie to
go to his appointed place of duty. He was directed back to work by personnel at sick call butfHid
not return nor report to duty for the next two days. An LOR, dated 2 Mar 00, evidences tiikse
failures.

AMC—GLOBAL REACH FOR AMERICA
f(D 2002- 032 ¥

_ (6) On or about 20 Jun 00, SMe isobeyed a direct order by his supifrior
commissioned officer. An LOR, dated 12 Jul 00, evidences this failure.

(7) On or about 10 Jul 00, I.2s derelict in his duties, in that hqjwas
sleeping on duty while aboard an in-flight aircraft.” An MFR, dated 10 Jul 00, evidenceg{this
failure.

v

(8) On or about 7 Jul 00 ae ie to go to his appointed place of ty.
Furthermore, on or about 7 Jul 00, he made a false official statement to _
These actions are evidenced by an AF Form 3070 (Record of Nonjudicial Punist ent
Proceedings), dated 18 Aug 00; an AF Form 1058 (Unfavorable Information File Action), dhted
17 Aug 00; and AF Form 1137 (Unfavorable Information File Summary), undated.

(9) On or about 21 Aug 00, ie: to go to his appointed plage of
duty. An LOR, dated 22 Aug 00; an AF Form 366 (Record of Proceedings of Vacatidh of

Suspended Nonjudicial Punishment), dated 28 Aug 00; and an AF Form 1058, dated 25 Aug 00,
evidence this failure.

b. Evidence for the Respondent. On 12 Sep Ne ati his rig™it to

counsel and to submit written statements in his own behalf. On 13 Sep 0 waved
his right to counsel and did not submit matters in his own behalf.

3. DISCUSSION: As the separation authority, you must make four determinations: § (1)
whether a basis for discharge exists; (2) whether an involuntary discharge is appropriate ingthis
case; (3) if discharge is appropriate, how the discharge should be characterized; and (4) wh@her
probation and rehabilitation (P&R) is appropriate.

a. Basis for Discharge: AFI 36-3208, paragraph 5.49, states that airmen who engagegin a.
pattern of minor disciplinary infractions are subject to discharge. The offenses listed affpve

b. Appropriateness of Discharge: AFI 36-3208, paragraph 6.1.1, lists the factors[—hat
you must consider in making this determination. Among those factors are the seriousness off the
circumstances that make@@jggiiiisubject to discharge, whether those circumstances are lifely
to continue or recur, and whether he has the ability to perform his duties effectively now arg in
the future. QQRMBRhas committed several infractions during his enlistment. Heffhas
demonstrated an unwillingness or inability to comply with the standards required of Air Firce
members. He has failed to take advantage of the second chances his unit offered him. FHis
continued misconduct demonstrates that he is unsuitable for military service. After a lett@f of
counseling, six LORs and an Article 15, the unit has exhausted their attempts at rehabilitatiogy It
is likely that he will continue to commit offenses if retained, and, as a result would be unabt to
perform his duties effectively. Therefore, discharge is appropriate,
FD2002- O82Yy

c. Characterization of the Discharge: AFI 36-3208, paragraph 1.17.3, requires thafl you
consider the airman’s age, length of service, grade, aptitude, physical and mental conditiongl and
the standards of acceptable conduct and performance for airmen in determining the pfbper
characterization. Paragraph 1.18.2 states that when an airman’s service has been faithful off the
whole, yet significant negative aspects of the airman’s conduct or performance of duty outyigh
the positive aspects of his record, an under honorable conditions (general) discharge is

appropriate, SEE srics of offenses in this enlistment put him far below the levi of

acceptable conduct: These offenses demonstrate his disregard for good order and discipling. A
general discharge accurately reflects his service.

d. Probation and Rehabilitation: Under AFI 36-3208, paragraph 7.3; a member must hav the
potential to serve satisfactorily and the capacity to be rehabilitated before an offer of P&R is

appropriate. MAGE consistent history of offenses despite the corrective efforts aff his
squadron indicates that an offer of P&R would not be appropriate in this case.

4. RECOMMENDATION: The evidence in the file is factually and legally sufficie§t to
support Satay -commendation. I recommend you sign the attached letter direfting

“SRR be involuntarily discharged from the United States Air Force pursuant to AF—}36-
3208, paragraph 5.49, with an under honorable conditions (general) discharge without probfition
and rehabilitation, .

 

 

Attachments:
1. Letter Directing Discharge
2. AFI 36-3208 Discharge Package

I have carefully reviewed the foregoing legal opinion in the case of MMMM I concur Pith
the recommendations contained therein and adopt them as my own.
FrO2LOO2- A224

DEPARTMENT OF THE AIR FORCE
HEADQUARTERS 22D AIR REFUELING WING (AMC)
STAFF JUDGE ADVOCATE ,
McCONNELL AIR FORCE BASE, KANSAS

 

  

MEMORANDUM FOR.
FROM: 349 ARS/CC
| SUBJECT: Notification Memorandum

1. Iam recommending your discharge from the United States Air Force for Minor Disciplfhary
Infractions, in accordance with AFPD 36-32 and AFI 36-3208, paragraph 5.49. Iffimy
recommendation is approyed, your service will be characterized as either honorable or Whder
honorable conditions (general). I am recommending that your discharge be characteriz@i as
under honorable conditions (general).

2. My reasons for this action are:

a. You, on or about 16 Nov 98, failed an upgrade training exam. Furthermore, dh or
about 16 Nov 98, you were derelict in your duties, in that you slept during the training djass.
Finally, on or about 16 Nov 98, you were disrespectful towards an NCO by not followin§j his
instruction to stand in the back of the class. An AF Form 174 (Record of IndivfHual
Counseling), dated 19 Nov 98, evidences these failures.

b. You, on or about 25 Nov 98, failed an upgrade training exam. Furthermore, ag or
about 25 Nov 98, you were derelict in your duties, in that you slept during the training dass.
Also, you lied to your supervisor when he questioned you about it. A Letter of Reprirfland
(LOR), dated 1 Dec 98, evidences these failures.

c. You, on or about | Feb 99, failed to go to your appointed place of duty. Furthern#pre,
on or about 1 Feb 99, you were derelict in your duties, in that you were sleeping on duty. These
failures are evidenced by an LOR, dated 5 Feb 99; your response, dated 10 Feb 99; alld a
Memorandum for Record (MFR) by SSgt , dated 3 Feb 99.

d. You, on or about 22 Dec 99, were derelict in your duties, in that you were sleepinl§ on
duty. An LOR, dated 25 Jan 00, evidences this failure.

e. You, on divers occasion between 28 Feb 00 and | Mar 00, failed to go to flour
appointed place of duty. You were directed back to work by personnel at sick call but diqinot
retum nor report for the next two days. An LOR, dated 2 Mar 00, evidences these failures.

f. You, on or about 20 Jun 00, disobeyed a direct order by your superior commissiqned
officer. An LOR, dated 12 Jul 00, evidences this failure.

g. You, on or about 10 Jul 00, were derelict in your duties, in that you were sleeping on

duty while aboard an in-flight aircraft. An MFR, dated 10 Jul 00, evidences this failure.
AMC-.-GLOBAL REACH FOR AMERICA
[FP 2OOL- OPE

h. You, on or about 7 Jul 00, failed to go to your appointed place of duty. _Furthe ore,
on or about 7 Jul 00, you made a false official statement tog act fn, mese
actions are evidenced by an AF Form 3070 (Record of Nonjudicial Punishment Proceediigs),
dated 18 Aug 00; an AF Form 1058 (Unfavorable Information File Action), dated 17 Aug 00;

and AF Form 1137 (Unfavorable Information File Summary), undated.

i, You, on.or about 21 Aug 00, failed to go to your appointed place of duty. ese
actions are evidenced by a Letter of Reprimand (LOR), dated 22 Aug 00; an AF Formlj366
(Record of Proceedings of Vacation of Suspended Nonjudicial Punishment), dated 28 Aug 00;
and an AF Form 1058, dated 25 Aug 00.

3. Copies of the documents to be forwarded to the separation authority in support offfthis
recommendation are attached. The commander exercising SPCM jurisdiction or a hfpher
authority will decide whether you will be discharged or retained in the Air Force and if yo@j are
discharged, how your service will be characterized. You are ineligible for reenlistment igj the
Air Force if your discharge is approved.

4. You have the right to consult military counsel. Military legal counsel will be made availiable

to assist you, at no expense to you. I have made an appointment for you to consult with the Brea
Defense Counsel (ADC) at McConnell AFB KS on 00 at L. You§can
contact the ADC at ext. 4375. You may consult civilian counsel at your own expense.

 

5. You have the right to submit matters in your own behalf. Any statements you wangjthe
separation authority to consider must reach me by 00 at L unlessfyou
request and receive an extension for good cause shown. Any statements or other mattersflyou
submit will be forwarded to the separation authority.

6. If you fail to consult counsel or to submit statements in your own behalf, your failurefWvill
constitute a waiver of your right to do so.

7. You have been scheduled for a mandatory medical appointment. You are to report t@jthe
22d Medical Squadron, Physical Exams Section, on 00 at L. Take four
medical records with you. °

8. If you live in base housing, you must contact the housing office immediately upon receigt of
this notification.

9. Any personal information you furnish in rebuttal is covered by the Privacy Act of 19748 A
copy of AFI 36-3208 is available for your use in your squadron orderly room.
FP 20E02-~ OP2

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

 

Attachments:
Receipt of Notification Memorandum
Statement of Understanding
AF Form 174, dated 19 Nov 98
LOR, dated 1 Dec 98
LOR, dated 5 Feb 99
Your response, dated 10 Feb 99
MER by SR dated 3 Feb 99
LOR, dated 25 Jan 00
9. LOR, dated 2 Mar 00
10. LOR, dated 12 Jul 00
11. MFR, dated 10 Jul 00
12. AF Form 3070, dated 18 Aug 00
13. AF Form 1058, dated 17 Aug 00
14. AF Form 1137, undated
15. LOR, dated 22 Aug 00
16, AF Form 366, dated 28 Aug 00
17, AF Form 1058, dated 25 Aug 00.

Sao SYS =