PERSONAL APPEARANCE

COUNSEL |: NAME OF COUNSEL AND OR ORGANIZATION

YES NO

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

 

 

 

 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

GRADE AFSN/SSAN

   
  

X RECORD REVIEW

  

 

 

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

VOTE OF THE BOARD

 

HON GEN vVOTHC OTHER DENY

 

 

 

 

 

 

 

 

 

REMARKS

Case heard at Washington, D.C.

Advise applicant of the decision of the Board.

Change Reason and Authority to Secretarial Authority, SPD Code 3K.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

; MEMBERS SITTING
X*
X*
X*
X*
X*
_t
YSSUES INDEX NUMBER EXHIBITS SUBMITTED TO: THE BOARD
A94,06 A67,10 1 | ORDER APPOINTING THE BOARD
3 | APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION
HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE
9 Jan 03 FD2002-0326 COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

 

 

‘APPLICANT'S TSSUE AND-THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE.

 

 

 

 

SIGNATURE OF RECOR

SAF/MIBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742

 

AFHQ FORM 0-2077, JAN 00

 

 

(EF-V2)

    

DATE: 9:Jan‘03

 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD

1535 COMMAND DR, EE WING, 3°° FLOOR

ANDREWS AFB, MD 20762-7002

Previous edition will be used.
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD02-0326

GENERAL: The applicant appeals for upgrade of discharge to Honorable, to change the Reason for the
discharge, and to change his Reenlistment Code.

The applicant was offered a personal appearance before the Discharge Review Board 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: The discharge is upgraded to Honorable, and the Reason for discharge is changed to
Secretarial Authority. Also, the RE Code is changed to 3K.

ISSUE: The applicant does not contest his discharge. He would like to reenter the military after he
graduates from aircraft maintenance school. The records indicated the applicant received a General
discharge for Misconduct — Minor Disciplinary Infractions. He received three Letters of Reprimand and
two Reports of Individual Counseling for failure to go and failing a room inspection. After a through and
complete consideration of the information submitted by the applicant, the applicant’s compelling personal
reasons, and information contained in the record, the Board concluded there was sufficient mitigation and
extenuation to substantiate upgrade of the discharge and to change the reason for the discharge. The Board
also agreed to change applicant’s reenlistment code.

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.

However, in view of the foregoing findings, the board further concludes that the overall quality of
applicant’s service is more accurately reflected by an Honorable discharge and the reason for the discharge
is more accurately described as Secretarial Authority. The applicant’s characterization and reason for
discharge should be changed to Honorable and Secretarial Authority under the provisions of Title 10, USC
1553. Applicants RE Code should be changed to 3K.

Attachment:
Examiner's Brief
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

ir. (Former AlC) (HGH A1C)

1. MATTER UNDER REVIEW: Appl rec'd a GEN Disch fr USAF 01/04/05 UP AFI 36-3208,

para 5.49 (Misconduct - Minor Disciplinary Infractions). Appeals for Honorable
Discharge, Change of Reentry Code and Reason for Discharge).

FD2002-0326
|

2. BACKGROUND:

a. DOB: 82/12/27. Enlmt Age: 17 3/12, Disch Age: 18 3/12. Educ: HS DIPL.
AFQT: N/A. A-79, E-83, G-86, M-78. PAFSC: 2A511B - Aerospace Maintenance
Helper. DAS: 00/07/10.

b. Prior Sv: (1) AFRes 00/03/31 - 00/05/24 (1 Month 24 Days) (Inactive).

3. SERVICE UNDER REVIEW:

a. Enld as AB 00/05/25 for 6 yrs. Svd: 0 Yrs 10 Mos 11 Das, of which AMS
is 0 Yrs 10 Mos 6 Das (Ex. 5 Das lost time).

b. Grade Status: AIC - 00/11/24
c. Time Lost: 00/11/02 - 00/11/06 (5 Days).
d. Art 15’s: None.

e. Additional: LOR, 16 FEB 01 - Failure to go on three occasions.
LOR, 16 FEB 01 - Failure to go on two occasions.
LOR, 06 DEC 00 - Failed room inspection.
RIC, 25 OCT 00 - Failure to go.
RIC, 12 OCT 00 - Failure to go.

f. CM: None.
g. Record of SV: None.

(Discharged from Sheppard AFB)

h. Awards & Decs: AFTR.

i. Stmt of Sv: TMS: (1) Yr (0) Mos (0) Das
TAMS: (0) Yrs (10) Mos (6) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 02/07/27.

(Upgrade Discharge to Honorable, Change Reentry Code and Reason for
Discharge)
FD2002-0326

Issue 1: I would like my discharge changed and/or recieve (sic) a waiver so
that I may have the option to return to the USAF after graduation at ----~----
College of Aviation Specialty: Aircraft Maintenance

ATCH

1. Applicant's Letter
2. DD Form 214

3. Certificate of Death

02/11/12/er
FID2002 - 0226

DEPARTMENT OF THE AIR FORCE
AIR EDUCATION AND TRAINING COMMAND

 

2 Apr 01

MEMORANDUM FOR 82 TRG/CC

FROM: 82 TRW/JAC

 

SUBJECT: Legal Review, Recommendation for Discharge
362 TRS

1. We have reviewed this discharge case file and find it legally sufficient to support discharge in
accordance with the provisions of AFI 36-3208. Based upon our review, we conclude that the

incidents documented within this file sufficiently aaa nl schotss from the
Air Force. We concur with the 362 TRS/CCQ that should be discharged with an
under honorable conditions (general) discharge in accordance with AFI 36-3208, paragraph 5.49
(minor disciplinary infractions).

2. Basis for Action. On 3 ie 01, the 362 TRS/CCQ notified SRSA that she was

recommending that e discharged from the service due to his misconduct.

3. Evidence for the Commander. The preponderance of the evidence in the case file supporting the
squadron section commander’s recommendation consists of the following:

a. The respondent did, at or near Sheppard AFB TX, on or about 2 Feb 01, on or about 5 Feb 01,
and on or about 6 Feb 01, fail to go to his appointed place of duty at the prescribed time, to wit: Bldg
1080. For this misconduct, he received a Letter of Reprimand (LOR) on 16 Feb 01.

b. The respondent did, at or near Sheppard AFB TX, on or about 29 Jan 01, on or about
1 Feb 01, and on or about 7 Feb 01, fail to go to his appointed place of duty at the prescribed time, to
wit: detail roll call and his mandatory Mental Health appointment. For this misconduct, he received

_an LOR on 16 Feb 01.

c. The respondent did, at or near Sheppard AFB TX, on or about 29 Nov 00, violate a lawful
general instruction, to wit: SAFBI 36-2902, paragraph 2.1.3, dated 15 Oct 97, by failing to keep his
dormitory room in inspection order at all times. For this misconduct, he received an LOR on
6 Dec 00.

d. The respondent did, at or near Sheppard AFB TX, on or about 6 Oct 00, fail to go to his
appointed place of duty at the prescribed time, to wit: Mandatory Anthrax briefing. For this
misconduct, he received an AF Form 174, Record of Individual Counseling, on 25 Oct 00,

e, The respondent did, at or near Sheppard AFB TX, on or about 25 Sep 00, on or about -
27 Sep 00, and on or about 28 Sep 00, violate a lawful general instruction, to wit: SAFBI 36-2902,
paragraph 2.1.13, dated 15 Oct 97, by failing to show up for Physical Conditioning. For this

misconduct, he received an AF Form 174 on 12 Oct 00.

This communication is privileged as attorney work product and/or attorney-client communication or is
protected by another privilege recognized under the law. Do not distribute, forward, or release without the
prior approval of the sender or of 82 TRW/JA.
FD 2002~O7286

4. Additional Information. The respondent is 18 years old, began his present enlistment on

25 May 00, and was assigned to his unit on 10 Jul 00. His ASVAB scores are as follows: A - 79,

E - 83, G - 86, and M - 78. The respondent is entitled to wear the Air Force Training Ribbon. He has
waived his right to consult with counsel and has waived his right to submit statements for review.

>. We note no administrative errors and concur with the squadron section commander’s
recommendation for an under honorable conditions (general) discharge.

6. In accordance with AFI 36-3208, your options are to:

a. Directaggliiliaaialinage retention;

b. Suspend an under honorable conditions (general) discharge and recommend Probation and
Rehabilitation;

c, Direct his discharge with an under honorable conditions (general) discharge; or

d. Recommend that EE discharged with an honorable discharge. If you determine
an honorable discharge is appropriate, this file must be forwarded to 2 AF/CC since only a General
Court-Martial Convening Authority may approve an honorable discharge characterization when the

basis for discharge is misconduct (AFI 36-3208, paragraph 5.48.4),

7. If you have any questions regarding this matter, please contact Gee

ext 6-71 86.

 

Attachment:
Case File

This communication is privileged as attorney work product and/or attorney-client communication or is
protected by another privilege recognized under the law. Do not distribute, forward, or release without the
prior approval of the sender or of 82 TRW/JA.
[TO 2002 “O326

DEPARTMENT OF THE AIR FORCE
AIR EDUCATION AND TRAINING COMMAND

 

2) Mar 2001

MEMORANDUM FOR 4362 TRS
FROM: 362 TRS/CCQ

SUBJECT: Notification Memorandum

 

1. Iam recommending your discharge from the United States Air Force for minor disciplinary
infractions. The authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 5.49. If
my recommendation is approved, your service will be characterized as honorable or under
honorable conditions (general). I am recommending that your service be characterized as under
honorable conditions (general).

2. My reasons for this action are:

a. You did, at or near Sheppard AFB TX, on or about 2 Feb 01, on or about 5 Feb 01, and
on or about 6 Feb 01, fail to go to your appointed place of duty at the prescribed time, to wit:
Bldg 1080. For this misconduct you received a Letter of Reprimand (LOR) on 16 Feb 01.

b. You did, at or near Sheppard AFB TX, on or about 29 Jan 01, on or about 1 Feb 01, and
on or about 7 Feb 01, fail to go to your appointed place of duty at the prescribed time, to wit:

detail roll call and your mandatory mental Health appointment. For this misconduct you
received an LOR on 16 Feb 01.

c. You did, at or near Sheppard AFB TX, on or about 29 Nov 00, violate a lawful general
instruction, to wit: Sheppard AFB Instruction, 36-2902 dated 15 Oct 97, paragraph 2.1.3, by
failing to keep your dormitory room in inspection order at all times. For this misconduct you

received an LOR on 6 Dec 00.

d. You did, at or near Sheppard AFB TX, on or about 6 Oct 00, fail to go to your appointed
place of duty at the prescribec time, to wit: mandatory anthrax briefing. For this misconduct
you received an AF Form 174, Record of Individual Counseling, on 25 Oct 00.

e. You did, at or near Sheppard AFB TX, on or about 25 Sep 00, on or about 27 Sep 00, and
on or about 28 Sep 00, violate a lawful general instruction, to wit: Sheppard AFB Instruction,
36-2902, dated 15 Oct 97, paragraph 2.1.13, by failing to show up for Physical Conditioning.

For this misconduct you received an AF Form 174 on 12 Oct 00.

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
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
LDO2002~032¢

ineligible for reenlistment in the Air Force and will probably be denied enlistment in any
component of the armed forces.

3. You have the right to consult counsel. Milit al ] has been obtained to assist you.
I have made an appointment for you to consul rea Defense Counsel, at Bldg
1638, room 110, on 23 ULO| ¢ at 0400 hours. 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 24 Mar 01, unless you request and receive an
extension for good cause shown. I will send them to separation authority.

5. Ifyou 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 were scheduled for a physical examination on 22Mar 01 at 6945 hrs.

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 the 362 TRS/Commanders Support Staff office.

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

siutete Pabayt dy ion! sacra,
i ati i Sh ‘

 

Attachments:
LOR, 16 Feb 01
LOR, 16 Feb 01
LOR, 6 Dec 00
AF Form 174, 25 Oct 00
- AF Form 174, 12 Oct 00
AF Form 2098, 13 Nov 00
AF Form 2098, 13 Nov 00
OF Form 275, 18 Jan 01
AETC Form 125A, 19 Mar 2001

 

CO HNANRHWN =

10. Student Training Report, CL NR 01022

11. Lackland AFB Form 205, 5 Jul 00

12. Airman’s Receipt of Notification Memorand
ce:

82 MSS/DPMARS

362 TRS/CSS (File)
Individual