,
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD ;
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
TYPE ite
a .
GEN PERSONAL APPEARANCE X RECORD REVIEW
COUNSEL NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
VOTE OF THE BOARD
MEMBERS SITTING HON GEN VOTHC OTHER DENY
xX
x
[ x
fo T rr — > SY
xX
X
ISSUES INDEX NUMBER EXHIBITS SUBMITTED TO THE BOARD.
A92.21, A01.21 A67.90 1 | ORDER APPOINTING THE BOARD
2 | APPLICATION FOR REVIEW OF DISCHARGE
[3 | LETTER OF NOTIFICATION
HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE
03-01-24 FD2002-0351 COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPERANCE HEARING
APPLICANT'S ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE. ae se
REMARKS ——————— |
Case heard at Washington, D.C.

Advise applicant of the decision of the Board and the right to a personal appearance with/without counsel, and the right to
submit an application to the AFBCMR.

 
   
 
 
  

 

RE OF BOARD PRESIDENT _

 

TMs farms 03-01-24

boshion
0 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742

  
  

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD
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 | pp 002-0351

GENERAL: The applicant appeals for upgrade of discharge to honorable, to change the reason and
authority for his discharge, and to change his reenlistment code.

The applicant was offered a personal appearance before the Discharge Review Board but declined to
exercise this night.

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

FINDINGS: Upgrade of discharge, change of reason and authority for discharge, and change of
reenlistment code are denied.

The Board finds that neither the evidence of record nor that provided by applicant substantiates an inequity
or impropriety that would justify a change of discharge.

Issues. Applicant was discharged for a pattern of misconduct, conduct prejudicial to good order and
discipline. He had two Articles 15, and an Unfavorable Information File. His misconduct included failure
to go to his appointed place of duty, then arriving at his appointed place of duty under the influence of
alcohol, while he was under the legal age allowed, and which resulted in his being disrespectful to a
superior non-commissioned officer in the performance of his duties. The incident began at 0815 hours, and
member’s BAT at 1030 hours was .193. In his reply to this Article 15, member admitted he had made some
mistakes and that what happened was his fault. His other Article 15 was for sleeping on his post as a
Security Forces flight-line sentinel, as witnessed by two other Security Forces personnel. In his reply to
this Article 15, member denied the offense. At the time of the discharge, applicant submitted a statement in
his own behalf requesting retention, and a character letter. The Board noted that when his misconduct
occurred, member was the same age as other airmen who had adhered to the standards and he knew right
from wrong, so he was held accountable for his actions. The Board viewed member’s misconduct as a
serious departure from the standards expected of airmen. No inequity or impropriety was found in this
discharge in the course of the records review.

Applicant cited his desire to return to military service as justification for an upgrade. While the Board
commends applicant on this desire to return to military service, and is sympathetic to the impact a General
discharge has on his reenlistment code, this is not a matter of equity or propriety that warrants an upgrade.

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.

4
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
FD2002-0351
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former AB) (HGH Al1C)

 

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 26 Mar 01 UP AFI 36-
3208, para 5.50.2 (Pattern of Misconduct - Conduct Prejudicial to Good Order and
Discipline). Appeals for Honorable Discharge, to Change the RE Code and Reason
and Authority for Discharge.

2. BACKGROUND:

. a. DOB: 23 Jun 80. Enlmt Age: 19 0/12. Disch Age: 20 9/12. Educ: HS DIPL.
AFOT: N/A. A-63, E-41, G-41, M-34. PAFSC: 3P031 - Security Forces Apprentice.
DAS: 24 Jan 00.

b. Prior Sv: (1) AFRes 30 Jun 99 - 10 Aug 99 (1 month 11 days) (Inactive).
3. SERVICE UNDER REVIEW:
a. Enlisted as AB 11 Aug 99 for 4 yrs. Svd: 1 Yr 7 Mos 16 Das, all AMS.

b. Grade Status: AB - 26 Feb 01 (Article 15, 26 Feb O01)
AMN - 22 Jan 01 (Article 15, 22 Jan 01)
A1lC - 24 SEP 99

c. Time Lost: None.

d. Art 15's: (1) 26 Feb 01, Moody AFB, GA - Article 86. You, did, on or
about 11 Feb 01, without authority, fail to go at the
time prescribed to your appointed place of duty.
Article 91. You, on or about 11 Feb 01, were
disrespectful in language and deportment toward TSgt --
----, a noncommissioned officer, then known by you to
be a superior noncommissioned officer, who was then in
the execution of his office by saying to him "Here you
got it, you go ahead, you are fucking me. I know how
you are, if I wasn't a Negro, you would not be doing
this. I know all about you." and, "Yeah, I probably
would swing on one of ya'll catrs." or words to that
effect, by slamming your identification card down on a
desk and by repeatedly striking the palm of your hand
with your closed fist while staring in the eyes of TSgt
-c-c--. Article 92. You, who knew of your duties, on
or about 11 Feb 01, were derelict in the performance of
those duties in that you willfully failed to abstain
from the consumption of alcohol while under the age of
21 years old, as it was your duty to do. Reduction to
AB, and 45 days extra duty. (No appeal) (No mitigation)
FD2002-0351

(2) 22 Jan 01, Moody AFB, GA - Article 113. You, on or
about 11 Jan 01, being posted as a sentinel as Sierra-3
at the F-16 ramp area, were found sleeping upon your
post. Reduction to Amn, forfeiture of $100.00 pay per
month for 2 months, and 45 days extra duty.
(Appeal/Denied) (No mitigation)

e. Additional: None.
£. CM: None,
g. Record of SV: None.

(Discharged from Moody AFB)

h. Awards & Decs: AFTR

i. Stmt of Sv: TMS: (1) Yr (8) Mos (25) Das
TAMS: (1) Yr (7) Mos (16) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 13 Aug 02.
(Change Discharge to Honorable, Change the RE Code and Reason and Authority

for Discharge)
ISSUES ATTACHED TO BRIEF.

ATCH
1. Applicant's Issues.

22Nov02/ia
Fp 2202-035 (

To the assessor, Hi my name i: I came in the military in August of 1999 as a
Security Forces Apprentice, I wanted it so bad ost 50 pounds in one month. Once I went to
M.E.P.S. I lost an additional 8 pounds that day because I wanted to be in the military that bad. The
reason I picked being a cop is because I really wanted to be.a dog handler, but as you can see I did not
make it that far, reason being I was kicked out of the military (The one thing I did not want). I tried very
hard fighting to stay in the military, but my commander said he wanted to make an example out of me to
the rest of the airmen. There were a lot of people behind me to stay in, but my commander who was an
army/marine cop still set in his hard ways, did not believe in giving good people a chance.

I never caused any trouble in my younger days and I thought that I could make a difference in the
world. My whole career in the military, I never got in trouble except these two times witch I will explain
them both and how one mistake lead to another. When I was on T.D.Y. I was not written up for anything.
I also was on mid shift while I was at P.S.A.B Saudi Arabia. I finished my tour with no problems, once I
came back to my base while working on post an airman came to relieve me on post.

While they were coming though the E.C.P my alpha and I saw them come though the F.0.D.
checkpoint. We were waiting to be relieved with the music turned up and the truck running. I wasn’t
looking out of the window, which I should have been so if I was charged for dereliction of duty that would
have been right, and I would not have any problem with my punishment. Our relief was on their way to
takeover our post. They came beside us and parked not once was a horn blown to make us aware they
were there. The leader of the truck came out and tapped on my window at which we immediately got out
of the truck and did a proper relief. I came home and four hours later I was called back and notified that
we were caught sleeping on post, which is not a fact.

As a security policemen if you find someone sleep you are to detain them, take their weapons
and call both flight chief’s out to access the situation. That was not the case here with us they relieved us
then called us back. The Alpha leader stated to me that he did not want to write a statement, but his flight
chief and the airman was very, very close so he told the airman to write a statement and he did so, at least
that is what I was told, We told the lawyer what he said, he was interviewed by our lawyer and one of the
questions the lawyer asked was, were the windows in the truck foggy, the leader and the alpha stated no
the windows were not foggy. (if we were sleep the windows would have been foggy.)

In their interview they did not once say they saw our eyes closed all they did was look in our
track and assumed we were sleep. Our lawyer told us to just take the Article 15 instead of going to court
because he felt this would be a hard case to win. My alpha and I wanted to go to court but we listened to
our lawyer. The Article 15 took my stripe, some of my pay and 30 days extra duty. I was upset about the
whole thing and how I came in the military for 6 years with two stripes now one of my stripes was no
more. I wanted and still want to do 20 plus years in the military. One of the reasons I picked being a cop
was to be a working dog handler. To be a dog handler you must be a senor airman to go to canine school.
When I lost that stripe it pushed me further from being a dog handled.

I wanted to accomplish something like my brother and sister who are in the Air Force all have
something special being a dog handler was my special something. The main thing that lead up to me
getting kicked out was I felt like I have never gotten in trouble my whole career, two people who has
Article 15’s, L.O.C’s, L.O.R’s integrity taken over my integrity. Before out processed out of the military
both the airman were getting kicked out. One was for sleeping on post and the other was fot going
AWAL.

After the lost of my stripe I thought that.a bottle of liquor would solve my peodlene which only
made maters worse. When I got dressed for work I realized that I was to intoxicated to be on duty, so I
called the clinic and was told to go to work anyway. While at work, my superiors noticed liquor and
questioned me and realized I was under the influence. Once they started to read me my rights I new my
career was over, Now the one thing I wanted was about to be gone.

To this day I wish that whole thing never happened because I would still be in the military. Sir
or Ma ‘am I know I am still military material I am willing to go to any branch that is just how bad | want
back in the service. I would even redo basic training all over again for a chance to get back in the
military.
The reentry code I have is what is holding me back because I have gone to each branch to see if I

could get in but they say I have to get my discharge upgraded and this is why I am writing you now, I am
asking no pleading to have my discharge upgraded because I have learned my lesson. This type of thing
Pd Zod 2- O3BS57

will never happen again. I swear this on every thing I love I just need a chance to make things right to
prove that people make mistakes and if given a chance can do right by the military.

As of right now I am a correction officer but it doesn’t compare to serving my country. I feel as
though J am ready for the chance to fulfill my goal and fly straight. I have waited my time and worked
hard as a civilian. Every day I regret my mistake and I vow never to make the same mistake twice. .

Thank you for taking the time to here my case I hope and pray yon will bless me with the
chance to show you and everyone that a person can make a mistake an can still succeed in the military
because I have the mind frame to look pass this obstacle an keep going, thank you again for giving me a
chance to appeal.

Sincerely,
| a = O2~ OBS
4 i) i) Fox f

DEPARTMENT OF THE AIR FORCE

\ HEADQUARTERS 347TH WING (ACC)
MOODY AIR FORCE BASE, GEORGIA

 

: 21 March 01

MEMORANDUM FOR 347 WG/CC

FROM: 347 WG/JA

and AFI 36-3208 Discharge Action:

SUBJECT: Legal Review of
“i 847" Security Forces Squadron (347 SFS)

    

1. Ihave reviewed the subject dischafve action and find it legally uf ficient.
enepieatipeat: 347 SFS/CC, has recommended that
involuntarily separated from the Air Force under honorable cond itions (general) in
accordance with AFPD 36-32 and AFI 36-3208, paragraph 5.50.2, for a pattern of
misconduct (conduct prejudicial to good order and discipline). oes not
‘recommend a program of probation and rehabilitation (P&R). I concur.

  
   

2. In reviewing this action, I find that there is a legally sufficient basis to separate
from the Air Force with an under honorable conditions (general)

discharge without P&R, as recommended.

a. Basis for discharge: AFI 36-3208, paragraph 5.50.2, states that airmen are
subject to discharge for conduct prejudicial to good order and discipline, which is defined
as conduct that tends to disrupt order, discipline, or morale within the military
community. This category of conduct also includes that which causes dissent, disruption,
and degradation of mission effectiveness, as well as conduct that tends to bring discredit
on the Air Force in the view of the civilian community aa feemmisconduct
includes failing to report to his appointed place of duty on time, sleeping while on
duty, being disrespectful in language to a superior non-commissioned officer, and
the use of alcohol while under the age of 21 years old. In response to this
misconductgiggaaa received two punishments pursuant to Article 15,

UCM, which were placed in his UIF.

 

b. Should 4RwaiiiNes c discharged? In determining whetherggi

eM should be discharged, you may consider the nature of the offenses and the
circumstances surrounding them. You must then decide whether his conduct was indeed

prejudicial to good order and discipline as defined above. In my view,’

misconduct has had deleterious effect on sit and discipline within the wing. I believe
the serious and repetitive nature o misconduct demonstrates an

unwillingness to conform to Air Force standards. Consequently, Ca imshould
be administratively discharged.
PpaceZ-0 3S

c. Service characterization: This notification discharge can be characterized as
honorable or under honorable conditions (general).

(1). Honorable: AFI 36-3208, paragraph 1.18.1, states that an honorable
discharge should be given when the airman’s service has met Air Force standards of
acceptable conduct and the member’s service is so meritorious that any other

characterization would be inappropriate. Due to the serious disciplinary actions taken,
record during this enlistment does not support an honorable discharge.

Moreover, the General Court-Martial Convening Authority would have to approve such a
characterization.

(2.). General: Paragraph 1.18.2 states that characterization of an airman’s
service as under honorable conditions (general) is warranted when significant negative

aspects of the airman "s conduct or performance of duty outweigh the positive aspects of
his military record. aii WAnilitary record does not indicate exceptional

service. On the contrary, thes Swnisconduct outweighs the positive
aspects of his record. Accordingly, a an under honorable conditions (general) discharge i is
appropriate.

 

 
 
 

d. Probation and Rehabilitation: AFI 36-3208, paragraph 7.3, states that P&R
may be offered to airmen who have demonstrated a potential to serve satisfactorily, have
the capacity to be rehabilitated for continued military service or completion of the current

enlistment, or whose retention on active duty in a probationary status is consistent with
the maintenance of good order and discipline in the Air Force. The squadron commander _

has recommen ‘ain that P&R not be offered because the squadron has already attempted to
rehabilitate sities I concur. eceived an Article 15 for his first

serious breach of discipline, but to no avail. It did not deter!

misconduct as hoped. As a result Tec eccived another Article 15 for his

most recent misconduct as well as the initiatigp of this administrative discharge. Thus,
the willful and serious nature eames misconduct indicates that further

attempts at rehabilitation would be unfruitful.

ATARI sponse: Ceiate::s been in the Air Force for less than

six years, and is therefo t entitled to a hearing before an administrative discharge
board. On 12 Mar 01 Get: informed that he was being considered for

discharge and informed of his right to consult military counsel and submit statements on
his own behalf. On 14 Mar 0 Msubmitted a statement requesting that he
be retained in the Air Force. WMieeemaintains that he should not have received
his first Article 15 because he was not sleeping while on duty but instead was “relaxing
and listening to my music.” He also contends that had he not been issued the first Article
15, he would not have been given the second Article 15. According t

this is because he started drinking after he received the first Article 15 and had been
drinking the night prior to the moment when he behaved disrespectfully to a superior

non-commissioned office IY arcument i is not persuasive. The evidence
in the first Article 15 included the observations of two witnesses who knocked on the
while being posted as a sentinel. As for the second ned rr ee
contention that the misconduct was a direct result of drinking all night only serves to

reinforce the decision bysgj@bMiliiRthat an Article 15 was the appropriate response for
this offense.

4, MANA 0b sical examination is not yet complete. However, AFI 36-3208
allows processing of involuntary discharge actions to continue up until actual separation.

Any approved discharge is then held in abeyance until the member is found medically
qualified for worldwide duty.

5. As the Special Court-Martial Convening Authority, you have the following options:

a. Retain the respondent;

b. Recommend to the General Court-Martial Convening Authority 9 AF/CC)
that the respondent be separated with an honorable discharge with or without the
opportunity for P&R;

c. Approve an under honorable conditions (general) discharge with or without the
opportunity for P&R; or,

d. Direct that the unit commander reinitiate this action for processing IAW board

hearing procedures if you believe that an under other than honorable conditions
(UOTHC) discharge may be warranted.

6. Irecommend that you directa be separated under honorable conditions
(general) without P&R. I also recommend that you bar from Moody
AFB for two years in light of the misconduct underpinni discharge.
Cy Fh7002- 6 3S
‘DEPARTMENT OF THE AIR FORCE

347TH SECURITY FORCES SQUADRON (ACC) o-
MOODY AIR FORCE BASE, GEORGIA

 

12 March 2001

MEMORANDUM FO

 

FROM: 347 SFS/CC

SUBJECT: Notification Memorandum

1. Tam recommending your discharge from the United States Air Force for conduct prejudicial
to good order and discipline (pattern of misconduct). The authority for this action is AFPD 36-
32 and AFI 36-3208, paragraph 5.50.2. 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 as follows:

a. You, on or about 11 January 2001, at or near Moody Air Force Base, Georgia, being
posted as a sentinel as Sierra-3 at the F-16 ramp area, were found sleeping upon your
post. For this offense, you received punishment pursuant to Article 15, UCMJ, dated
22 Jan 01 (Atch 1a), which was used to establish your unfavorable information file (UIF).
Your punishment included reduction to the rank of airman, forfeiture of $100.00 pay per

month for two months, and 45 days extra duty.

b. You, did at or near Moody Air Force Base, Georgia, on or about 11 February 2001,
without authority, fail to go at the time prescribed to your appointed place of duty, to wit:
347" Security Forces Squadron, Security Forces Control Center, 8209 Apron A Road.

You, at or near Moody Air Force Base, Georgia, on or about 11 February 2001, were
disrespectful in language and deportment toward Technical Sergcariliiaitioamans a
non-commissioned officer, then known by you to be a superior non-commissioned
officer, who was then in the execution of his office, by saying to him, “Here you got it,
you go ahead, you are fucking me. I know how you are, if I wasn’t a Negro, you would
not be doing this. I know all about you.” and, “Yeah, I probably would swing on one of
ya’ll cats.” or words to that effect, by slamming your identification card down on a desk

and by repeatedly striking the palm of your hand with your closed fist while staring in the
eyes of Technical Serecant ARID Also, you, who knew of your duties at or

near Moody Air Force Base, Georgia, on or about 11 February 2001, were derelict in the
performance of those duties in that you willfully failed to abstain from the consumption

of alcohol while under that age of 21 years old, as it was your duty to do. For these
offenses, you received punishment pursuant to Article 15, UCMJ, dated 26 Feb 01

(Atch 1b), which was placed in your UIF. Your punishment included reduction to the
rank of airman basic and 45 days extra duty.
oe Pp 2o¢2-6351

- -_-

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 precluded from enlistment in any
component of the armed forces. Any pay special pay, bonus, or education assistance funds may

be subject to recoupment.

a

3. You have the right to consult counsel. Military legal counsel has been obtained to assist you.
I have made an appointment for you to consul pagalinaR, A 3 Defense Counsel, in

Building 5107 Austin Ellipse, Moody AFB, GA, extension (DSN) 460-3421, on 13 March 2001
at 1100 hrs. Please take your copy of this Notification Memorandum and attachments with you --- -
to your appointment. You may consult civilian counsel at your own expense. _

4. You have the right to submit a statement in your own behalf. Any statements you want the
separation authority to consider must reach me within three duty days after receipt of this cos
notification letter unless you request and receive an extension for good cause shown. I will send

them to the separation authority.

 

5. 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.

6. You have been scheduled for a medical examination. You must report to the Moody Air
Force Base Hospital, Physical Exams, Building 3296, on 13 March 2001 at 1300 hrs for the
examination. This is a mandatory appointment. Be sure to bring your medical records to this

appointment.

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 orderly room.

8. Execute the attached acknowledgement and reggiait to me immediately.

   

 

Attachments:

1. Supporting Documents, Reasons for Discharge
a. AF Form 3070/UIF, 22 Jan 01
b. AF Form 3070/UIF, 26 Feb 01

2. Receipt of Notification Memorand