4 '
’ AJR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
en. AMN | gaggle
“| 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 HON GEN UOTHC OTHER DENY
ht x
Eee —- x
X
x
xX
| issues | INDEXNUMBER'| EXHIBITS SUBMITTED TO THE-BOARD
A95.00 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
12 FEB 03 FD2002-0349 COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

 

 

 

 

 

APPLICANT" 5 ISSUE AND THE BOARD” § 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,

 

 

 

 

 

OF BOARD PRESIDENT

  

 

 

 

 

TYDORSEMENT DATE: 12 FEB 03
TO: FROM: j
SAF/MIBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCII-
$50 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 FD02-0349

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 had
received a Letter of Admonishment for failure to obey a lawful order; a Letter of Counseling for failure to
go; a Letter of Reprimand for being derelict in the performance of his duties; and an Article 15 for using his
government computer for accessing pornography. 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
FD2002-0349

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 02 MAR O01 UP AFI 36-
3208, para 5.49 (Misconduct - Minor Disciplinary Infractions). Appeals for

Honorable Disch.

2. BACKGROUND:

a. DOB: 06 Mar 77. Enlmt Age: 20 2/12. Disch Age: 23 11/12. Educ: HS DIPL.
AFOQT: N/A. A-95, E-50, G-72, M-33. PAFSC: 1W031 - Weather Apprentice.

DAS: 24 Aug 00.

b. Prior Sv: (1) AFRes 19 May 97 - 13 Jan 98 (7 months 26 days) (Inactive).

3. SERVICE UNDER REVIEW:

a. Enlisted as AB 14 Jan 98 for 4 yrs. Svd: 3 Yre 1 Mo 19 Das, all AMS.

b. Grade Status: AMN - 4 Jan 01 (Article 15, 4 Jan 01}
A1C - 14 May 99
AMN - (EPR Indicates): 14 Jan 98-13 Sep 99

c. Time Lost: None.

d. Art 15's: (1) 4 Jan 01, Laughlin AFB, TX ~ Article 92. You did, on
or about 25 Nov 00, violate a lawful general
regulation, to wit: Air Force Instruction 33-129,
Transmission of Information via the Internet, paragraph
6.1.3, dated 1 Aug 99, by wrongfully accessing obscene
material on a government-provided computer, to wit:
pornography. Reduction to the grade of Airman, and 10
days extra duty. (Appeal/Denied) (No mitigation)

e. Additional: LOR, 1 DEC 00 - Dereliction of duty.

Loc, 9 NOV 00 - Failure to go.
LOA, 7 NOV 00 - Failure to obey a lawful order.

£. CM: None.
g. Record of SV: 14 Jan 98 - 13 Sep 99 Spandahlem AB 2 (Initial) REF

14 Jan 99 - 15 Mar 00 Spandahlem AB 4 (Cmdr Dir)
16 Mar 00 - 01 Aug 00 Spandahlem AB 3 = (CRO)

(Discharged from Laughlin AFB)

h. Awards & Decs: AFTR, AFOUA W/1 DEV.
FD2002-0349

i. Stmt of Sv: TMS: (3) Yrs (9) Mos (14) Das
TAMS: (3) Yrs (1) Mo (19) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 16 Aug 02.
(Change Discharge to Honorable)

NO ISSUES SUBMITTED.

ATCH
None.

2INov02/ia
“11/61/2082 98:87 “ BBBIEW41 97 | ~ 47FTW CP F.bD.2002-0 BFF PAGE 82 |

I 4-
~/ DEPARTMENT OF THE AIR FORCE :

AIR EDUCATION AND TRAINING COMMAND

 

14 February 2001

MEMORANDUM FOR 47 FTW/CC

FROM: 47 FIW/JA ,

SUBJECT; cl Review - Administrative Discharge Action qi inrerris - .

47th Operations Support Squadron

1. SUMMARY: On 2 February 2001; ane ‘Commander,
47th Operations Support Squadron, initiated involuntary administrative discharfe action against

Airman SMI, under AFI 36-3208, paragraph 5.49, minor disciplinary infractions. He
recommends an Under Honorable Conditions (General) discharge. @RMRRRA is not entitled to

’ an administrative discharge board, but he has submitted matters on his behalf. J have reviewed the
case file and find it legally sufficient. I recommend that you sign the proposed memorandum at
Tab 1, seating alla from the United States Air Force with a General discharge, without
probation and rebabilitation.

2. BASIS FOR ACTION: The basis for this action is articulated in the Notification
Memorandum to (MOM ARR misconduct includes wrongfully accessing obscene
pormographic material on a government computer, being derelict in his duties by not updating any
of the aircrew briefing terminals to include checking the status of the newest Military Weather
Advisory, failing to obey a lawful order to complete his Career Development Course (CDC)
Within a thitty-day timeline, and failing to go to his appointed place of duty by being forty minutes
late for work, ,

3. PERSONAL DATA Ms almost 24 years old. He has three years and one month
of active duty service with a TAFMSD of 14 January 1998. He has three enlisted performance
reports, one with an overall rating of 3, one with an overall rating of 4, and one referral. He is
entitled to wear the Air Force Training Ribbon and the Air Force Outstanding Unit Award with
ove Oak Leaf Cluster. .

4, SUMMARY OF MATTERS SUBMITTED BY QP age, bas submitted
a statement for your consideration and requests retention, or alternatively, if you decide to
discharge him, that you characterize his service as Honorable. QE states that he felt
unchallenged by his job, and that he was unable to occupy all of his time constructively. He states
that if he had been "shown the path to success rather than having to walk the path toward failure
alone [he feels he] could have and still can be the type of airman that the Air Force is known to
produces." He has submitted a certificate of appreciation, and a letter of reference from his
current supervisor in the Enlisted Dormitory Office.
11/61/2082 8:87 ~  8302°°4197 : A7FTW CP FD2002-0 BPE eae
— a BF7

ad

5. CHARACTERIZATION: eR 0s, reviewed GMB service
record and the matters RR, has submitted for your consideration, and he recommends that
sa receive a General Discharge, Under AFI 36-3208, paragraph 1.18.2, if an airman’s
service has been-honest and faithful, a General service characterization is warranted whenever
significant negative aspects of the airman’s conduct or duty performance outweigh the positive
aspects of the airman’s military record. Meshes consistently maintained a substandard
level of competency. His first EPR, a referral, indicates that his "frequent negative actions
clouded the few accomplishments" and that he “routinely demonstrated less than satisfactory
performance." Although his second EPR lands his "complete tumaround in appearance and
attitude," his supervisor noted that the Air Force must “continue motivating this airman to stay on
the right track." His third EPR at Spangdahlem continues to annotate his substandard
performance. He possessed "adequate technical knowledge," while "lack[ing] consistency of
peers", as well as "need[ing] more motivation and attention to detail" and a continued need for
mentoring. Once he arrived at Laughlin AFB, WR lack of motivation continued, and so
did the mentoring and aid offered by his unit. From 21 July 2000 (when he was issued the third
volume of his CDC) until 3 November 2000, he accomplished none of the exercises in his CDC,
despite numerous counsclings and a direct order to do so, His disregard for his important carcer
as a Weather Apprentice is shown in his tardiness for work, his time spent surfing pornography
while at work, and in the potentially fatal misconduct of mis-reporting the weather.

misconduct has significantly marred his military record, thus making a General discharge
appropriate, ARQy however, requests that you characterize his service as Honorable. AFI
36-3208, paragraph 5.48.4, states that a member separated for misconduct may receive an
Honorable discharge only if the member's record has been so meritorious that any other

characterization would be clearly inappropriate. In light oRQRRRAMMcontinued misconduct
and lack of motivation, his record has not been “meritorious,” and it certainly has not been so

meritorious that any other characterization would be clearly inappropriate. To the contrary, as
discussed above, a General discharge is appropriate in this case. ,

6. PROBATION AND REHABILITATION (P&R): SERRA is eligible for P&R under
AFT 36-3208, Chapter 7. However, AFI 36-3208, paragraph 7.2.7, states that P&R should be
offered only in cases where “there seems to be a reasonable expectation of rehabilitation.” In this

case, SRERMMP nit at Spangdahlem appears to have attempted to constantly mentor him, and
his unit at Laughlin tried to rehabilitate him using the stepped-approach to discipline (one Letter
of Counseling, one Letter of Admonishment, one Letter of Reprimand, and an Article 15), with
the overall trend towards increasing his punishment. Nevertheless, ga continues to act .
in ways unacceptable for an airman in the United States Air Force. Rather than accept

responsibility for his own behavior qgmiigg@® posits fault with his supervisors for not having
mentored him enough as a ar airman, and not being shown the path to success. This does not

appear to be the case, rather, supervisors appear to have constantly mentored him and _
encouraged his success. met that mentoring and encouragement with a lack of
motivation in all things and mere adequacy at his job. He has not demonstrated a capacity to be
rehabilitated, and his retention would be inconsistent with maintaining good order and discipline.
11/01/2802 88:87 8302P°4197 47FTW CP PAGE @4
;

‘ ~03
u __ Fo2202-0349
Therefore, as recommended by-aniA eeniannitn discharge should not
be suspended for a period of P&R.

7. OPTIONS: As the separation authority, you have the following options:

a. Direct that SRM be retained;

b. Recommend to 19 AF/CC thatqq@lililinbe separated with an Honorable
discharge, with or without P&R; . :

c. Direct that diiiiiiiees be separated with an Under Honorable Conditions (General)
discharge, with or without P&R;

d. Direct that this case be reinitiated and processed as a board hearing discharge, if you
believe that an Under Other Than Honorable Conditions (UOTHC) discharge is

appropriate.

8. RECOMMENDATION: Approve Sama apeNeRAIM cco rnmendation and
" separatcai EPwith a General discharge, without P&R, by signing the proposed
memorandum at Tab 1.

 

Attachments:
1. Proposed letter
2. Case File
DEPARTMENT OF THE AIR FORCE
' AIR EDUCATION AND TRAINING COMMAND

 

2 February 2001

MEMORANDUM FOR AIRMAN GQ oer

FROM: 47 OSS/CC
SUBJECT: Notification Memorandum

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

2. My reasons for this action are:

a, On 25 November 2000, you wrongfully accessed obscene pornographic material on a
government computer. For this misconduct you received nonjudicial punishment under Article
15, UCMJ, dated 4 January 2001, and an unfavorable information file.

b. On 26 November 2000, you were derelict in your duties. For this misconduct, you
received a Letter of Reprimand, dated | December 2000.

c. On 3] October 2000, you failed to obey a lawful order. For this misconduct, you received
a Letter of Admonishment, dated 7 November 2000.

d. On 30 October 2000, you failed to go to your official place of duty. For this misconduct,
you received Letter of Counseling, dated 9 November 2000.

3. Copies of the documents to be forwarded to the separation authority in support of this
recommendation are attached. The commander exercising SPCM 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 be denied enlistment in any component of the
armed forces. .

4. You have the right to consult counsel. Military legal counsel has been obtained to assist you.
_ Thave made an appointment for you to consul ang Area Defense Counsel,

Goodfellow AFB, TX at DSN 477-5070, on 5 February 2001 at 0900. You may consult civilian
counsel at your own expense.

Information contained herein is subject to the Privacy Act of 1974
5. You have the right to submit statements in your own behalf. Any statements you want the

separation authority to consider must reach me by 7 February 2001, 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 have been scheduled for a medical examination. You must report to the Physical Exams
Section, 47" Medical Group at 5 February 2001 on 0800 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 is available for your use in the unit orderly room.

 

Attachments:

1. Record of Nonjudicial Punishement under Article 15, UCMJ, dated 4 January 2001

2. Letter or Reprimand, dated | December 2000
3. Letter of Admonishment, dated 7 November 2000

4. Letter of Counseling, dated 9 November 2000

Information contained herein is subject to the Privacy Act of 1974