AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE | AFSN/SSAN
oni AMN | S000
TYPE
PERSONAL APPEARANCE 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 “TON GEN UOTHC OTHER DENY
rs ! x
x
D4
x
x
ISSUES INDEX NUMBER : {G-0 EXELBITS SUBMITEED TO THE. BOARD
A92.21 A67.10 ["y | ORDER APPOINTING THE BOARD

2 | APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION
HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE
6 MAY 03 FD2002-0340

 

COUNSEL’S RELEASE TO THE BOARD

 

 

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

TAPE RECORDING OF PERSONAL APPFERANCE HEARING

 

 

 

APPEICANT’S ISSUE AND: THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON: THE ATTACHED AIR: FORCE DISCHARGE REVIEW: BOARD DECISIONAL:RATIQNALE.

 

 

 

 

care

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 RECORDER | —-——_ =~ --~ = 27 L SIGNAFURE-OF BOARD PRESIDENT. 7... ,
& he ee eee eee en Eee een ty ec vied ee \
INDORSEMENT BS ce : mc Bs DATE: 23° MEA ¥-03

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, 38” 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 | yp3902-9340

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 right.

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 that neither the evidence of record nor that provided by applicant substantiates an
impropriety that would justify upgrade of the discharge.

Issue. Applicant was discharged for minor disciplinary infractions. Member received two Articles 15 and
three Letters of Reprimand. His misconduct included failure to go on numerous occasions, displaying
disrespectful behavior towards a commissioned officer and senior noncommissioned officer, and using
derogatory comments towards a fellow airman. The Board noted member was age 18 when his misconduct
occurred, essentially the same age as other airmen who complete their enlistments without disciplinary
infractions, and there was no evidence he did not know right from wrong. The applicant also states he
would like to use the GI Bill and someday serve his country again in a responsible and honorable manner.
The board was sympathetic to the impact the loss of an educational benefit was having on the applicant but
this was not a matter of inequity or impropriety that would warrant an upgrade. The Board concluded the
misconduct was a significant departure from 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 and that the
characterization of the discharge received by the applicant was found to be appropriate.

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
FD2002-0340
DEPARTMENT OF THE AIR FORCE

AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

een. (Former AMN) (HGH Aic)

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 7 Feb 02 UP AFI 36-3208,

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

2. BACKGROUND:

a. DOB: 21 Mar 82. Enlmt Age: 17 4/12. Disch Age: 19 10/12. Educ:

HS DIPL. AFQT: N/A. A-77, E-76, G-68, M-71. PAFSC: IWO31A - Weather
Forecaster. DAS: 16 Feb 01.

b. Prior Sv: (1) AFRes 5 Aug 99 - 4 Jul 00 (11 Mos 0 Days) (Inactive).

3. SERVICE UNDER REVIEW:

a. Enld as AlC 5 Jul 00 for 6 yrs. Svd: 1 Yr 7 Mos 3 Das, all AMS.

b. Grade Status: AMN - 11 Oct 01 (Vacation of Article 15, 11 Jan 02)

c. Time Lost: None.

d. Art 15's: (1) 11 Jan 02, Vacation, Shaw AFB, SC - Article 86. You,
did on divers occasions between on or about 29 Nov 01
and on or about 25 Dec 01, without authority, fail to
go at the time prescribed to your appointed place of
duty. Reduction to AMN. (No appeal) (No mitigation)

(2) 11 Oct 01, Shaw AFB, SC - Article 86. You, did on
divers occasions between on or about 24 Sep 01 and on
or about 27 Sep 01, without authority, fail to go at
the time prescribed to your appointed place of duty.
Suspended reduction to the grade of AMN, and 15 days
restriction. (No appeal) (No mitigation)

e. Additional: LOR, 08 Dec 01 - Failure to go, missed appointment, failure

ny. to properly follow set operations,

eee displaying disrespectful behavior towards
a commissioned officer and senior

noncommissioned officer, and misuse of
study time.

LOR, 19 Sep 01 - Late for work, fourth violation.

LOR, 28 Aug 01 - Using derogatory comments toward a fellow
airman and failure to go.

£f. CM: None.
FD2002-0340
g. Record of SV: None.
(Discharged from Shaw AFB)
h. Awards & Decs: AFTR.

i. Stmt of Sv: TMS: (2) Yrs (6) Mos (3) Das
TAMS: (1) Yr (7) Mos (3) Das

4. BASIS ADVANCED FOR REVIEW: Appin (DD Fm 293) dtd 8 Aug 02.
(Change Discharge to Honorable)

Issue: I am not taking issue with my discharge but wish to state that I
realize that I behaved in an unacceptable manner during the last four months in
the Air Force. I displayed poor judgement in my actions and have deeply
regretted it ever since. I submit my actions in the last days of serves (sic)
do not reflect the high regard I have for the Air Force and for my love of
country. Though I believe there were some extenuating circumstance I am at
fault for my poor judgement. I now hope that my actions and minor achivements as
documented in the accompanying letters show my true desire to improve myself and
to be a productive member of society. I am requesting this change in status so
I might attend college using what VA benefits that I may have available to me to
train as a surgical technologist. Additionally, with a change in status I am in
hopes that someday I may, if possible, serve my country again in a responsible
and honorable manner.

ATCH
1. Education Transcripts.

2. College Acceptance.
3. Letter of Employment.

18 Nov 02/cer
y 7 -_—

“DEPARTMENT OF THE AIR KURCE
20th FIGHTER WING (AGC)
SHAW AIR FORCE BASE, SOUTH CAROLINA

 

2 FEB 2002
MEMORANDUM FOR 20 FW/CC 2

FROM: 20 FW/JA

SUBJECT: Legal Review of AFI 36-3208 Action —3IiiI Ngan

1. Basis for Action: The Commander, 28" Operational Weather Squadron, has recommended that

os e separated from the service with a general discharge for misconduct — minor
disciplinary infractions, under the provisions of AFI 36-3208, section H, paragraph 5.49. The Respondent
is being processed according to the notification procedure.

2. Facts: The file reflects the following as reasons for discharge:

a. Between on or about 29 Nov 01 and on or about 25 Dec 01, on divers occasions, the
Respondent failed to go at the time prescribed to his appointed place of duty. For these acts of
misconduct, his previously suspended reduction to the grade of Airman was vacated on 11 Jan 02.

b. Between on or about 13 Nov 01 and on or about 7 Dec 01, the Respondent missed an
appointment, arrived late for work, failed to properly follow set operations for issuing and canceling
weather warnings, displayed disrespectful behavior toward a commissioned officer and a senior
noncommissioned officer, and misused his supervised study time. For these acts of misconduct, he
received a letter of reprimand (LOR), dated 8 Dec 0]. Additionally, these incidents were placed in his
previously established unfavorable information file (UIF), and he was placed on a control roster, dated
18 Dec 01.

c. Between on or about 24 Sep 01 and on or about 27 Sep 01, on divers occasions, the
Respondent failed to go at the time prescribed to his appointed place of duty. For these acts of
misconduct, he received Article 15 nonjudicial punishment action on 11 Oct 01. Punishment consisted of
a suspended reduction to the grade of Airman, and restriction to Shaw Air Force Base, South Carolina for
15 days.

d. On or about 13 Sep 01, the Respondent arrived late for duty. For this misconduct, he received
an LOR, dated 19 Sep 01. Additionally, this act of misconduct was placed in his previously established
UIP, dated 20 Sep 01.

e. Between on or about 20 Aug 01 and on or about 21 Aug 01, the Respondent used provoking
and reproachful remarks toward a fellow airman, and he failed to perform his official duty of taking a

scheduled formal training exam. For these acts of misconduct, he received an LOR, dated 28 Aug 01.
Additionally, a UIF was established, dated 28 Aug 01.

4. Respondent's Submission: After consulting with counsel, the Respondent elected to submit matters for
your consideration. In a two-page letter, the Respondent asks you to first consider the detailed
explanations for his misconduct, which are not meant to be excuses for his actions. He proceeds to
describe his “side of the story” concerning the acts of misconduct set forth in paragraphs 2b and 2e above.
He then states his initial reasons for joining the Air Force — to serve his country and because many
family members had previously served in the military. After describing his brief career, the Respondent
respectfully requests to be retained in order to have a chance to prove his abilities. He adds that, if this is
not an option, he requests to be honorably discharged. Finally, the Respondent forwards two character

Global Power For America
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reference statements for your review and consideration. The Respondent’s submissions are located under
Tab 7 of the attached case file.

5. Errors and Irregularities: This file contains no errors or irregularities.
6. Conclusions:

a. Pending receipt of the medical examination, this file is legally sufficient to support a discharge,
pursuant to AFI 36-3208, chapter 5, paragraph 5.49. The Respondent’s file reflects one vacation action,
one Article 15 nonjudicial punishment actions, and three letters of reprimand. The Respondent’s repeated
instances of misconduct constitute a valid basis for his discharge.

b. The Respondent’s commander has recommended that he receive a general discharge. I concur
with this recommendation. A general discharge is appropriate when significant negative aspects of an
airman’s conduct or duty performance outweigh positive aspects of the airman’s military record. In this
case, the Respondent’s numerous instances of misconduct constitute negative aspects of his military
career that outweigh the positive. Therefore, a general discharge is appropriate.

c. The commander does not recommend Probation and Rehabilitation (P&R). I concur. Despite
the rehabilitative efforts undertaken by unit supervisory personnel on his behalf, the Respondent has
failed to adhere to Air Force standards of conduct. Only six short months after the Respondent arrived at
Shaw AFB, his misconduct began. He engaged in altercations with a fellow airman, a senior
noncommissioned officer, and a commissioned officer. He reported late for duty, and he missed
appointments. His supervisors and commander took actions in an effort to rehabilitate him. If their
diligent measures failed, further expenditures of effort will likely fail. Therefore, P&R is inappropriate in
this case.

6. Options: As the Special Court-Martial Convening Authority in this case, you may:
a. Retain the Respondent in the Air Force;
b. Direct the Respondent be discharged with a general discharge, with or without P&R;

c. Recommend the Respondent be discharged with an honorable discharge, with or without P&R,
and forward this case to the General Court-Martial Convening Authority (9 AF/CC) for his action; or

d. Direct this case be reinitiated pursuant to the board hearing procedures of AFI 36-3208,
chapter 6, section C, if you feel a discharge under other than honorable conditions is warranted.

7. Recommendation: J recommend you separate the Respondent with a general disch. without P&R.

   

Staff Judge Advoca

Attachment:
Case File
. £PARTMENT OF THE AIRF. 2CE
20th FIGHTER WING (ACC)
SHAW AIR FORCE BASE, SOUTH CAROLINA

 

FROM: 28 OWS/CC
SUBJECT: Notification Memorandum

1. [am recommending your discharge from the United States Air Force for misconduct — 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, paragraph 5.49, If my recommendation is approved, your
discharge will be characterized as honorable or general. I recommend your discharge be characterized as general.

2, My reasons for this action are:

a. Between on or about 29 Nov 01 and on or about 25 Dec 01, on divers occasions, you failed to go at the
time prescribed to your appointed place of duty. For these acts of misconduct, your previously suspended reduction
to the grade of Airman was vacated on |} Jan 02.

b. Between on or about 13 Nov 01 and on or about 7 Dec 01, you missed an appointment, arrived late for
work, failed to properly follow set operations for issuing and canceling weather warnings, displayed disrespectful
behavior toward a commissioned officer and a senior noncommissioned officer, and misused your supervised study
time. For these acts of misconduct, you received a letter of reprimand (LOR), dated 8 Dec 01. Additionally, these
incidents were placed in your previously established unfavorable information file (VIF), and you were placed on a
control roster, dated 18 Dec 01.

c. Between on or about 24 Sep 01 and on or about 27 Sep 01, on divers occasions, you failed to go at the
lime prescribed to your appointed place of duty. For these acts of misconduct, you received Article 15 nonjudicial
punishment action on 11 Oct 01. Punishment consisted of a suspended reduction to the grade of Airman, and
restriction to Shaw Air Force Base, South Carolina for 15 days.

d. On or about 13 Sep 01, you arrived late for duty. For this misconduct, you received an LOR, dated
19 Sep 01. Additionally, this act of misconduct was placed in your previously established UIF, dated 20 Sep 01.

e. Between on or about 20 Aug 01 and on or about 21 Aug 01, you used provoking and reproachful
remarks toward a fellow airman, and you failed to perform your official duty of taking a scheduled formal training
exam. For these acts of misconduct, you received an LOR, dated 28 Aug 01. Additionally, a UIF was established,
dated 28 Aug 01. :

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 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 and will probably not be allowed to enlist
in any other branch of the armed forces.

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 Cap as Area Defense Counsel, 895-9530, on
UT Jan 02, atO¥ schours. 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 three days after receipt of the notification memorandum, unless you request and
receive an extension for good cause shown. | will send them to the separation authority.

6. If you fai] to consult counsel or to submit statements in your own behalf, your failure will constitute a waiver of
your right to do so.

Global Power For America
.. FI2002-O8 4D

7. You must report to the Shaw AFB Hospital, Physical Examinations Section, between the hours of 1100 — 1300,
Mon -- Thurs, for a medical examination.

8. 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 orderly room.

9, The Air Force is entitled to recoup a portion of educational assistance, special pay, or bonus monies

which you received, if any, if you separate before completing the period of active duty you agreed to

serve. This recoupment applies whether you voluntarily separate or are involuntarily separated. Recoupment will
apply regardless of the basis for involuntary discharge, unless the reason is homosexual conduct. The recoupment in
all cases is an amount that bears the same ratio to the total cost provided to you as the unserved portion of active
duty bears to the total period of active duty you agreed to serve. If you dispute that you are indebted for educational
assistance, a board or other authority will make findings and recommendations concerning the validity of the
indebtedness.

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

 

er: 35

Commander

9 Attachments:
AF Form 366, 1] Jan 02 (Tab 4)

LOR, 8 Dec 01 (Tab 4)
AF Form 1058, 18 Dec 01 (Tab 4)

AF Form 3070, 11 Oct 01 (Tab 4)

LOR, 19 Sep 01 (Tab 4)

AF Form 1058, 20 Sep 01 (Tab 4)

LOR, 28 Aug 01 (Tab 4)

AF Form 1058, 28 Aug 01 (Tab 4)
Respondent’s Receipt of Notification (Tab 5)

CRON AWRWNe