. AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN

Fen id AIC

TYPE | ™ ,
GEN PERSONAL APPEARANCE _LX 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
X
xX
X
X
X
ISSUES INDEX NUMBER EXHIBITS SUBMITTED 1Q.THE BOARD
A93.01, A93.19, A94,53 A67.10 1 | ORDER APPOINTING THE BOARD
2 | APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION
| HEARINGDAIE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE
03-04-09 FD2002-0352

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.

 

 

 

 

 

| 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.

 

SIGNATUBE OF RECORDER". J - A aA | SIGNATURE OF BOARD PRESIDENT

 

 

 

 

 

 

 

A / # a ot F *
4 ; ei INDORSEMENT =. D ATE: 03-04- 14
TO: ” : FROM:
SAF/MIB SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
550 C STREET WEST, SUITE 40 AIR FORCE DISCHARGE REVIEW BOARD
RAN PH 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. | p9092-0352

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 the applicant substantiates an
inequity or impropriety that would justify a change of the discharge.

Issues. Applicant was discharged for minor disciplinary infractions. He had three Articles 15, a Letter of
Reprimand, and a Letter of Counseling. His misconduct included several instances of underage possession
and use of alcohol, an incident of failure to go, and two offenses of playing loud music in the dormitory. At
the time of the discharge, member consulted counsel and submitted a statement in his own behalf in which
he explained he got caught in stop loss, otherwise he would have been separated at the completion of his
term of service in October 2001. He had a civilian job waiting and processed a waiver, which was denied.
Member then asked his First Sergeant if there was anything he could do but didn’t realize he would end up
with a general discharge. Member asked to be retained long enough to separate with an honorable
characterization of service at the conclusion of the stop loss period. The Board noted member did not
dispute the occurrence of the infractions, and was given several opportunities to correct his behavior but
was either unwilling or unable to do so. Member was the same age as other airmen who successfully
complete their terms of service without any disciplinary infractions, and there was no evidence member
didn’t know right fro wrong or was immature. Because he was responsible for his actions he was held
accountable for them. The Board did not find sufficient mitigation to warrant an upgrade, and no inequity
or impropriety was found in this discharge in the course of the records review.

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+0352
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

fw (Former A1C) (HGH A1C)

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 13 Feb 02 UP AFI 36-
3208, para 5.49 (Misconduct - Minor Disciplinary Infractions). Appeals for
Honorable Disch,

2. BACKGROUND:

a. DOB: 9 Aug 79. Enlmt Age: 17 8/12. Disch Age: 22 6/12. Educ: HS DIPL.
AFOT: N/A. A-58, E-72, G-62, M-39. PAFSC: 2E251 - Electronic Computer and
Switching Systems Journeyman. DAS: 5 Jul 98.

b. Prior Sv: (1) AFRes 6 May 97 - 8 Jul 97 (2 Mos 3 Days) (Inactive).
3. SERVICE UNDER REVIEW:

a. Enld as AB 9 Jul 97 for 4 yrs. Ext: 3 Months on 28 Feb 01.
Svd: 4 Yrs 7 Mos 5 Das, all AMS.

b. Grade Status: A1LC - 11 SEP 00
AMN - 11 NOV 99
AB - 11 MAY 99 (Article 15, 11 May 99)
Alc - 9 NOV 98
AMN - Unknown

c. Time Lost: None.

d. Art 15’s: (1) 2 Aug 01, Lackland AFB, TX - Article 86. You, did, on
oer about 19 Jul 01, without authority, fail to go at
the time prescribed to your appointed place of duty.
Suspended reduction to AMN, forfeiture of $272.00 pay,
and restriction for 7 days. (No appeal) (No mitigation)

(2) 11 May 99, Lackland AFB, TX - Article 92. You, who
knew of your duties, on or about 18 Apr 99, were
derelict in the performance of those duties in that you
willfully failed to refrain from drinking alcohol while
under the age of 20 years old, as it was your duty to
do. Reduction to the grade of AB. (No appeal) (No
mitigation)

(3) 24 Jul 98, Lackland AFB, TX - Article 92. You, did, on
or about 10 Jul 98, fail to obey a lawful general
regulation, to wit: paragraph 1.1.2, Air Force
Instruction #34-219, dated 1 Aug 97, by wrongfully
consuming alcohol while under the legal age limit in
the state of Texas. Fourteen days extra duty.
Fd2002-0352

(No appeal) (No mitigation)

e. Additional: (EXAMINER'S NOTE: LOR MISSING FROM FILE. INFORMATION
OBTAINED FROM LEGAL REVIEW)

LOR, 22 MAY 01 - Two complaints of loud music in dormitory

room.
LOC, 05 APR 01 ~- Four complaints of loud music in dormitory
room,
£. CM: None.
g. Record of SV: 9 Jul 97 - 08 Mar 99 Kelly AFB 4 (Initial)
9 Mar 99 - 08 Mar 00 Kelly AFB 4 (Annual) REF

9 Mar 00 - 17 Apr 01 Lackland AFB 4 = (Annual)
(Discharged from Lackland AFB}
h. Awards & Decs: AFTR, AFLSAR W/1BOLC, AFOUA W/1BOLC.

i. Stmt of Sv: TMS: (4) Yrs (9) Mos (8) Das
TAMS: (4) Yrs (7) Mos (4) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 1 Aug 02.
(Change Discharge to Honorable)

ISSUES ATTACHED TO BRIEF

ATCH

1. Applicant's Issues.
2. Four Character References.

22 Nov 02/cr
F02002~ 0 2F2.
DEPARTMENT OF THE AIR FORCE

AIR EDUCATION AND TRAINING COMMAND

 

29 JAN 2002

MEMORANDUM FOR 37 TRW/CC
FROM: 37 TRW/JA

SUBJECT: Legal Review, Admini | ischarge,
CPSG

1. Authority for Action: I have revigwed the attached administrative discharge case file
regarding the respondent, AlC 433 Lis commander, a ee
recommends a General (Under Honorable Conditions) discharge charaeterization pursuant to AFI
36-3208, Chapter 5, paragraph 5.49, Minor Disciplinary Infractions. Paragraph 5.56 indicates
that you, as the Special Court-Martial Convening Authority (SPCMCA), personally approve or
disapprove the recommendations for a notification discharge (not board entitled) under paragraph
5.49 that results in a General service characterization. The proposed discharge is supported by a
preponderance of the evidence. Therefore, the file is legally sufficient, subject to a medical
determination that the respondent is qualified for worldwide duty and separation. He is not
entitled to an administrative board hearing based on time in service, grade, or any other factors.

2. Respondent’s Military Record: The respondent has been o ive duty since 09 Jul 97.
<<. has been assigned to his present unit since 5 Jul 98. ’ overall ratings on

his Enlisted Performance Reports (EPRs) are as follows: 9 Jul 97 — 8 Mar 99 (4 -referral),

9 Mar 99 ~ 8 Mar 00 (4) and 9 Mar 00 — 17 Apr 01 (4). His awards and decorations include the

Air Force Training Ribbon and Air Force Longevity Service Award.

 

3. Respondent’s Response: On 28 Dec 01, the respondent consulted with counsel and has
submitted statements on his behalf for your consideration.

4. Analysis:

a. Basis and Propriety of Discharge: AF] 36-3208, paragraph 5.49, authorizes the
involuntary separation of airmen who engage in a pattern of misconduct involving violations of
nonpunitive regulations or minor offenses under the UCMJ. According to the instruction, the
subject misconduct will have ordinarily resulted in informal or formal counselings, letters of
reprimand, or nonjudicial punishment under Article 15, UCMJ. The evidence in this case
supports SME lice separation under paragraph 5.49. On 10 Jul 98, a
failed to obey a lawful general regulation, to wit: paragraph 1.1.2. Air Force Instruction 34-219,
dated 1 Aug 97, by wrongfully consuming alcohol while under the legal age limit in the state of
Texas. For this misconduct, he received an Article 15, dated 24 Jul 98. His punishment was 14
days extra duty. On 18 Apr 99, a derelict in the performance of his duties, in that,
he willfully failed to refrain from drinking alcohol while under the age of 20 years old, as it was
his duty to do. For this misconduct, he received an Article 15, dated 11 May 99. His punishment
was a reduction to the grade of Airman Basic (E-1). On 3 Apr 01, A1C Jones failed to obey
dormitory policies, by disturbing. éther dormitory residents with the use of excessively loud

usic. For this misconduct, he.received a Letter of Counseling dated 5 Apr 01. On 21 May 01,
is to turn his music down in Bldg. 2009 on two occasions. For this misconduct,
he received a Letter of Reprimand dated 22 May 01 which was placed in a UIF dated 23 Jul 01.
On 19 Jun 01 RRR failed to go, at the prescribed time, to his appointed place of duty, to
wit: Cryptologic Systems Group, 250 Hall Blvd, Ste 215. For this misconduct
received an Article 15, dated 2 Aug 01. His punishment was a suspended reduction to the grade

Attorney Work Product
This is a privileged document. [t will not be released in whole nor in part
without the approval of the Staff Judge Advocate.
fr L002 - OFF A.

of Airman (E-2), forfeiture of $272.00 pay and restriction to Lackland Air Force Base for 7 days.
Wehas engaged in a pattern of behavior that consistently falls below Air Force standards
of conduct. He may therefore be lawfully separated under paragraph 5.49.

b. Propriety of Discharge In accordance with paragraphs 6.1 and 5.47, the decision to
retain or separate the respondent should be based upon respondent’s conduct and ability to meet
required standards of duty performance and discipline. You may consider respondent’s entire
military record in deciding whether he should be discharged or retained. Based on my review of
the evidence presented in this discharge package, the respondent should be discharged from. the
Air Force.

c. Characterization of Discharge: The possible service characterizations in this case are
Honorable, General (Under Honorable Conditions), and Under Other Than Honorable Conditions
- (UOTHC). The initiating commander recommended a General service characterization.
Characterization of service as General is appropriate when an airman’s service has been honest
and faithful but significant negative aspects of the airman’s conduct or performance of duty
outweigh positive aspects. A service characterization of Honorable is appropriate when the
airman’s quality of service generally has met Air Force standards of acceptable conduct and
performance of duty or when a member’s service is otherwise so meritorious that any other
characterization would be inappropriate. A UOTHC characterization is appropriate when
behavior constitutes a s ies departure from the conduct expected of airmen. Significant
negative aspects 0 conduct outweigh the positive aspects of his military record.
Accordingly, characterization of RMINE service as General is appropriate.

d. Probation and Rehabilitation (P&R): I concur with CPSG/CCQ that P&R is not
appropriate for this airman. The squadron gave Qi ample opportunity for rehabilitation.
He did not take advantage of those opportunities as shown by his repeated misconduct. There is
no reason to believe that further rehabilitative efforts would be successful.

e. Errors_and Irregularities: The Notification Memorandum, dated 27 Dec 01,
paragraph 3(b), states allliimereceived an LOR dated 22 May 01 for failing to turn his music
down on two occasions. The LOR has been misplaced and has not been found. ae
appeared at the 37 TRW/JA office on Thursday, 17 Jan 02 and made a statement that he did
receive the LOR dated 22 May 01 for failing to turn his music down on two occasions, however
he could not find his copy of the LOR. The respondent was notified that the LOR was
considered as one reason for this discharge action. Although a copy of the 22 May 01 LOR
should be included in this package, absence of a copy does not prohibit the unit from considering

the offense as a basis for discharge pursuant to AFI 36-3208, paragraph 5.4%
admitted receiving the LOR on 22 May 01, the LOR is mentioned in the 23 Jul 01 UIF, and the

respondent has been notified that it was part of the reason for discharge. Therefore, the
misconduct may be used as part of the basis for discharge pursuant to paragraph 5.49. The
misplaced LOR is erroneously listed on the Notification Memorandum as an attachment. Also,
the UIF dated 23 Jul 01 is included in the discharge package, but not listed as an attachment.
Finally, the Notification Memorandum indicates that it is from the CPSG/CCF (First Sergeant),
who is not authorized to initiate discharge. In reality, it is from, and signed by the CPSG/CCQ,
1Lt Lamont, respondent’s section commander who is authorized to initiate discharge.
Nevertheless, I find no errors that substantially prejudice the rights of the respondent.

5. Options: You may:
a. direct retention in the United States Air Force;

b. direct a General discharge from the Air Force, with or without P&R, under
paragraph 5.49;

Attorney Work Product
This is a privileged document. It will not be released in whole nor in part
without the approval of the Staff Judge Advocate.
fF O2002~- OF F2-

c. forward a recommendation for separation under paragraph 5.49 with an Honorable
discharge, with or without P&R, to 2 AF/CC; or

d. direct reinitiation of the package to convene an administrative discharge board if you
believe a UOTHC discharge is warranted.

6. Recommendation: Sign the attached memorandum directing Re discharge from the
Air Force with a General (Under Honorgbla Gouditions) s) discharge without P&R.

  

= Advocate

Attachments:
1. Proposed Memorandum
2. Case File

Attorney Work Product
This is a privileged document. It will not be released in whole nor in part
without the approval of the Staff Judge Advocate.
FD 2002-OFS2

DEPARTMENT OF THE AIR FORCE
AIR EDUCATION AND TRAINING COMMAND

 

MEMORANDUM FOR sling aoa ar

FROM: CPSG/CCF 217 Dec Zl
SUBJECT: Notification Memorandum

1. Iam recommending your discharge from the United States Air Force for Minor Disciplinary
Infractions. The basis 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 under Honorable conditions (General).

2. My reason for this action is:

a. On or about 19 Jun 01, you failed to go at the prescribed time to your appointed place of
duty, to wit: Cryptologic Systems Group, 250 Hall Blvd, Ste 215. As a result, you
received an Article 15, dated 2 Aug 01. Your punishment was reduction to the grade of
Airman (E-2), suspended until 29 January 2002, after which time it will be remitted
without further action, unless sooner vacated. Forfeiture of $272.00 pay. Restriction to

Lackland Air Force Base as defined by the perimeter fence for 7 days.

b. On or about 21 May 01, you failed to turn your music down in Bldg 2009 on two
occasions. As a result you received a Letter of Reprimand dated 22 May 01.

c. On or about 3 Apr 01, you failed to abide by dormitory policies, by disturbing other
dormitory residents with the use of excessive music. As a result you received a Letter of
Counseling dated 5 Apr 01.

d. On or about 18 Apr 99, you were derelict in the performance of those duties in that you
willfully failed to refrain from drinking alcohol while under the age of 20 years old, as it
was your duty to do. As a result, you received an Article 15, dated 11 May 99. Your
punishment was reduction to the grade of Airman Basic, with new date of rank of
11 May 99.

e. Onor about 10 Jul 98, you failed to obey a lawful general regulation, to wit: paragraph
1.1.2. Air Force Instruction 34-219, dated 1 August 1997, by wrongfully consuming
alcohol while under the legal age limit in the state of Texas. As a result, you received an
Article 15 dated 24 Jul 98. Your punishment was 14 days extra duty.

3. Copies of the documents to be forward to the separation authority in support of this
recommendation are attached. The Commander exercising SPCM jurisdiction or a higher
1 FL2OO2-O PFD

authority will decide whether you will be discharged or retained in the Air Force, if you are
discharged, and how your service will be characterized. If you are discharged, you will be

ineligible for reenlistment in the Air Force.

4. You have the right to counsel. Military Legal Counsel has been obtained for you. I have

made an appointment for you to consult ___ #4) C— at Building 1000, on
CBD EC gl at 04 ©© hours. You may consult civilian counsel at your own

expense. If employed, civilian counsel must be readily available.

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 a Jan GF A_, 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 statement 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 .

Room at_{300 on__2ZIPEC Y/ with your medical, immunization, and

dental records 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 at the CPSG Orderly Room.

   

Section Commander

Attachments:

LOC, 3 Apr 01

LOR, 22 May 01

AF Form 3070, 2 Aug 01

. AF Form 3070, 11 May 99
. AF Form 3070, 24 Jul 98

wR YN