AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
PERSONAL APPEARANCE X RECORD REVIEW
NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
VOTE OF THE BOARD
MEMBERS SITTING HON GEN UOTHC OTHER DENY

x

xX

xX
—————|

 

 

 

 

 

 

 

 

 

 

 

INDEX NUMBER en, BXEEBITS SUBMITTED 10 THE BOARD : ;
A67,10 ORDER APPOINTING THE BOARD

APPLICATION FOR REVIEW OF DISCHARGE

ISSUES

A93.01, A94,05

   
 
  
  
 

 

wh oN

LETTER OF NOTIFICATION

BRIEF OF PERSONNEL FILE

FD2002-0347 COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

   
     
    
 

HEARING DATE

9 APR 03

CASE NUMBER

 

=

 

 

 

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING
HED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE

       

    

APPLICANT'S ISSUE i Pp ONTEE,

dts

  

REMARKS

Case heard at Andrews AFB, MD

Advise applicant of the decision of the Board and his rigth to appeal to the Board for Correction of Military Records.

 

 
 
 

 

SIGNATURE OF BOARD PRESIDENT __

-piere: 1 APR

    

SAF/MIBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
350 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) s Previous edition will be used.
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | pp9992-0347

GENERAL: The applicant appeals for upgrade of discharge to Honorable and for a change in the Reason
and Authority for Discharge and to the RE Code.

The applicant’s case was considered by the Discharge Review Board (DRB), at Andrews AFB MD, on 9
April, 2003. The applicant did not appear despite having an appointment for a personal appearance.

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

FINDINGS: The DRB denies the requested relief.

The DRB finds that the evidence of record and that provided by the applicant does not substantiate an
inequity or an impropriety that would justify an upgrade of the discharge.

ISSUES: The applicant was discharged with a General service characterization from the Air Force for
minor disciplinary infractions. He had an Article 15 for driving while intoxicated, drinking underage, and
failure to obey a superior commissioned officer. He also received three letters of reprimand, two of which
concerned failure to go for being late to work, and the other concerned damaging military property and
dereliction of duty for failing to report the damage. He then received a second Article 15 for dereliction of
duty connected to his unauthorized personal use of his government credit card. There was also information
in the file that suggested the member was involved in stalking a young female airman. However, no
disciplinary action appears to have been taken for this behavior.

The member did not have any specific issues, but simply requested a review to provide him with, in effect,
a second chance to return to the Air Force and serve his country.

CONCLUSIONS: The Discharge Review Board (DRB) concludes that the discharge was consistent with
the procedural and substantive requirements of the discharge regulation and was not an abuse of discretion
of the discharge authority. As a procedural matter, there appeared to be no errors or irregularities associated
with the processing of his case. Nor is there any problem with the disciplinary responses to his instances of
misconduct. They were measured and appropriate. Indeed, the DRB was troubled by the number of
infractions and the seriousness of the misconduct, particularly the DWI and the misuse of the government
credit card. There did not appear to be any inequities in the member’s case.

The applicant’s appeal is, therefore, denied.

Attachment:
Examiner's Brief
FD2002-0347

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

Ses (Former A1C) (HGH A1C)

eee:

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 16 Oct 01 UP AFI 36-
3208, para 5.49 (Misconduct - Minor Disciplinary Infractions). Appeals for

Honorable Discharge, to Change the RE Code, and to Change the Reason and
Authority for Discharge.

2. BACKGROUND:

a. DOB: 29 Nov 80. Enlmt Age: 18 4/12. Disch Age: 20. Educ: HS DIPL.
AFQT: N/A. A-67, E-44, G-53, M-21. PAFSC: 3M051 - Services Apprentice.
DAS: 29 Sep 99.

b. Prior Sv: (1) AFRes 14 Apr 99 - 9 Jun 99 (1 month 27 days) (Inactive) .

3. SERVICE UNDER REVIEW:

a. Enlisted ag AB 10 Aug 99 for 4 yrs. Svd: 2 Yrs 4 Mo 7 Das, all AMS.

b. Grade Status: A1C - 10 Oct 00
AMN - 10 Dec 99

c. Time Lost: None.

d. Art 15's: (1) 21 Jul 01, Shaw AFB, SC - Article 92. You, who knew of
your duties within the continental United States,
between on or about 2 Apr 01, and on or about 27 May
O01, were derelict in the performance of those duties in
that you willfully misused your Government Travel Card
for unauthorized purchases, as it was your duty not to
do. Suspended reduction to the grade of Airman, .
forfeiture of $100 pay and a reprimand. (No appeal) (No
mitigation)

(2) 25 Sep 00, Shaw AFB, SC - Article 111. You did, on or
about 17 Aug 00, physically control a vehicle, to wit:
a passenger car, while drunk. Article 134. You did,
on or about 17 Aug 00, unlawfully possess beer while
under the age of twenty-one years, in violation of
South Carolina Code Annotated Section 20-7-8920.
Article 90. You, having received a lawful command from
Major ------ , your superior commissioned officer, then
known by you to be your superior commissioned officer,
to provide a blood sample, or words to that effect,
did, at or near Fort Jackson, South Carolina, on or
about 17 Aug 00, willfully disobey the same. Suspended
reduction to the grade of Airman Basic, forfeiture of
FD2002-0347

$502.00 pay, 30 days restriction, and 30 days extra
duty. (No appeal) (No mitigation)

e. Additional: LOR, 20 MAR 01 - Late for work.
LOR, 04 FEB 01 - Late for work.
LOR, 05 JAN 01 - Damaging military property and leaving the
area with no intention of reporting the
incident.

£. CM: None.

g. Record of SV: 10 Jun 99 - 9 Feb 01 Shaw AFB 3 = (Initial)
(Discharged from Shaw AFB)

h. Awards & Decs: AFTR.

i. Stmt of Sv: TMS: (2) Yrs (6) Mos (3) Das
TAMS: (2) Yrs (4) Mos (7) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 17 Jul 02.
(Change Discharge to Honorable, Change the RE Code, and Change the Reason
and Authority for Discharge)

Issue 1: My only request is that you thouroughy (sic) go through my package
and really consider changing my discharge from General to Honorable. To be
honest, every (sic) since I was seperated (sic) from the force, I have felt like
a duck out of water. I've spoken to recruiters from other services, and was
told once my dis-charge (sic) was upgraded I could re enter (sic), but my heart
is with the Air Force. ' Even though I have great memories and letters of
apraisals (sic), I would trade them all for one more chance to live my life the
way I was, no am destined to (sic). These letters I have sent you, I have no
copies of. Like I said, I would trade them all for just one more chance. Again
I would like to say thank you and God bless.

ATCH

Letter to the Discharge Review Board.

Four Character References.

Memorandum For 20 SVS/CCF, 26 Jan O01.
Nomination For Award.

Enlisted Performance Report.

Performance Feedback Worksheets.

AF Form 77, Supplemental Evaluation Sheet.
Ten Letters of Recommendation.
Seven Character References.

Wow aw FWP

20Nov02/ia
ROO Or
PARTMENT OF THE AIR E.-. ph D ae 77

20th FIGHTER WING (ACC)
SHAW AIR FORCE BASE, SOUTH CAROLINA

 

MEMORANDUM FOR 20 FW/CC

FROM: 20 FW/JA

SUBJECT: Legal Review of AFI 36-3208 Action — sili neaigiuipaicitatitnaagce

1. Basis for Action: The Commander, 20" Services Squadron, has recommended tha cgmemlllatinen

eee >: 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, On or about 17 Aug 00, the Respondent unlawfully possessed alcohol while under the age of
twenty-one, physically controlled a vehicle while drunk, and willfully disobeyed a lawful command given
to him by his superior commissioned officer. For these acts of misconduct, the Respondent received
Article 15 nonjudicial punishment on 25 Sep 00. Punishment consisted of a suspended reduction to the
grade of Airman Basic, forfeiture of $502.00 pay, restriction to Shaw Air Force Base for 30 days, and 30
days extra duty. .

b. On or about 1 Jan 01, the Respondent caused damage to military property by breaking a
window in the day room. For this misconduct, he received a letter of reprimand (LOR), dated 5 Jan 01.

c. On divers occasions between on or about 3 Feb 01 and 20 Mar 01, the Respondent failed to go
at the time prescribed to his appointed place of duty. These acts of misconduct are evidenced by two
LORs, dated 4 Feb 0land 20 Mar 01.

d. Between on or about 2 Apr 01 and on or about 27 May 01, the Respondent was derelict in the
performance of his duties by willfully misusing his government travel card. For this misconduct, he
received Article 15 nonjudicial punishment on 21 Jul 01. Punishment consisted of a suspended reduction
to the grade of Airman, forfeiture of $100.00, and a reprimand.

3. Respondent's Submission: After consulting with counsel, the Respondent elected to submit extensive
matters for your consideration. The Respondent requests an honorable discharge. He also asks at the end
of his statement to be retained. The Respondent’s submissions for your consideration are at Tab 7 and the
attached binder. They include numerous recommendations for the Air Force Academy Preparatory
School, certificates and a positive evaluation from a supervisor at Prince Sultan Air Base.

4. Errors and Irregularities: The file contains no errors or irregularities.
5. 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 two Article 15s and
three letters of reprimand. The Respondent’s file reflects positive contributions. It also, however, reflects
multiple acts of misconduct that have had a detrimental effect on good order and discipline. Therefore,
the Air Force would be best served by his immediate discharge.

Global Power For America
b. The Respondent’s commander has recommended the Respondent 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 pattem of misconduct casts a shadow on his military career.

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 expected Air Force standards of conduct. Motivational Flight failed to have any lasting
positive effect on him. If the extensive measures taken thus far to assist the Respondent have not worked,
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: I recommend you separate the Respondent with a general dischargggwithg

  

Attachment: °

Case File
[D2202~ D347

_.. JEPARTMENT OF THE AIR \-,RCE
20th FIGHTER WING (ACC)
SHAW AIR FORCE BASE, SOUTH CAROLINA 0 4 SEP 2001

 

MEMORANDUM FOR ggg sgnenneanecetendiecieieniinns

FROM: 20 SVS/CC

SUBJECT: Notification Memorandum

1. Iam 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. On or about 17 Aug 00, you unlawfully possessed alcohol while under the age of twenty-one,
physically controlled a vehicle while drunk, and willfully disobeyed a lawful command given to you by
your superior commissioned officer. For these acts of misconduct you received an Article 15 nonjudicial
punishment action, dated 25 Sep 00. Punishment consisted of a suspended reduction to the grade of
Airman Basic, forfeiture of $502.00 pay, restriction to Shaw Air Force Base for 30 days, and 30 days
extra duty.

b. On or about | Jan 01, you caused damage to military property by breaking a window in the
day room. For this misconduct, you received a letter of reprimand (LOR), dated 5 Jan 01.

c. On or about 3 Feb 01, you blatantly showed up for work late. For this misconduct, you
received an LOR, dated 4 Feb 01.

d. On or about 20 Mar 01, you failed to show up on time for work, which impeded the mission
from being accomplished. For this misconduct, you received an LOR, dated 20 Mar 01.

e. Between on or about 2 Apr 01 and on or about 27 May 01, you were derelict in the
performance of your duties by willfully misusing your government travel card. For this misconduct, you
received an Article 15 nonjudicial punishment action, dated 21 Jul 01. Punishment consisted of a
suspended reduction to the grade of Airman, forfeiture of $100.00, and a reprimand.

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 Nae Area Defense Counsel, 895-9530, on
Y Sep 01, at Heo hours. You may consult civilian counsel at your own expense.

>. 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,

Global Power For America
ov oy PRRC02-23F7

unless you request and receive an extension for good cause shown. I will send them to the separation
authority.

6. 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.

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.

  
 

& Major, USAF

  

6 Attachments:

1. AF Form 3070, 25 Sep 00 w/atchs

2. LOR, 5 Jan 01 w/atchs

3. LOR, 4 Feb 01

4. LOR, 20 Mar 01 w/atch

5. AF Form 3070, 21 Jul 01

6. Respondent’s Receipt of Notification (Tab 5)