AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

” a 7

 

 

 

 

X RECORD REVIEW

 

 

 

TYPE

GEN PERSONAL APPEARANCE
COUNSEL | NAME OF COUNSEL AND OR ORGANIZATION

YES NO |

 

 

ADDRESS AND OR ORGANIZATION OF COUNSEL _

 

MEMBERS SITTING

 

VOTE OF THE BOARD

 

HON GEN VOTHC OTHER

 

 

 

 

 

 

i

 

 

ISSUES INDEX NUMBER
A94.53, A92.21 A67.30
HEARING DATE CASE NUMBER

03-03-11 FD2002-0358

 

 

 

 

 

 

EXHIBITS SUBMITTED TO THE BOARD
ORDER APPOINTING THE BOARD

 

APPLICATION FOR REVIEW OF DISCHARGE

 

LETTER OF NOTIFICATION
BRIEF OF PERSONNEL FILE

fl Gt Re) om

 

COUNSEL’S RELEASE TO THE BOARD

 

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

 

 

I
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.

submit an application to the AFBCMR.

SIGNATURE OF Ra

INDORSEMENT

 

Advise applicant of the decision of the Board and the right to a personal appearance with/without counsel, and the right to

 

E SIGNATURE OF BOARD PRESIDENT

DATE: 03-03-11

 

 

TO:
SAF/MIBR

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

 

 

FROM:

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 | gp9092-0358

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

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 and change of reenlistment code are denied.

The Board finds the applicant submitted no issues contesting the equity or propriety of the discharge, and
after a thorough review of the record, the Board was unable to identify any.

Issues. Applicant was discharged for minor disciplinary infractions. He had an Article 15, three Letters of
Reprimand, and three Records of Individual Counseling. He had two Enlisted Performance Reports, one
rated an overall “3” and the other rated an overall referral “1.” His misconduct included seven instances of
failure to go or being late to work, and wrongfully using his unit recall roster to distribute phone numbers
without the members’ permission. The records also reflect member was diagnosed with a generalized
anxiety disorder in July 2001, which eventually led to his permanent decertification from the Personnel
Reliability Program. At the time of the discharge, member consulted counsel and submitted a statement
requesting sufficient retention to earn his G.J. Bill education benefits, or in the alternative an honorable
discharge. While the Board was sympathetic to the impact of the loss of these benefits on applicant, this is
not a matter of equity or propriety that warrants an upgrade. Additionally, the Board noted member was
given many opportunities to correct his behavior but was either unwilling or unable to do so. Member was
responsible for his actions and was held accountable for them because his misconduct was disruptive to the
unit. 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
, FD2002-0358
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

“Tn (Former A1lC) (HGH SRA)

1. MATTER UNDER REVIEW: Appl rec'd a GEN Disch fr USAF 04 Sep 01 UP AFI 36-
3208, para 5.49 (Misconduct ~ Minor Disciplinary Infractions). Appeals for
Honorable Discharge and to Change the RE Code.

2. BACKGROUND:

a. DOB: 05 Sep 72. Enlmt Age: 25 9/12. Disch Age: 28 11/12. Educ: HS DIPL.
AFQT: N/A. A-37, E-69, G-55, M-81. PAFSC: 2A333A - F-15 Tactical Aircraft
Maintenance Apprentice. DAS; 21 Jun 99.

b. Prior Sv: (1) AFRes 30 Jun 98 - 27 Sep 98 (2 months 28 days) (Inactive).
3. SERVICE UNDER REVIEW:

a. Enlisted as AlC 28 Sep 98 for 4 yrs. Svd: 2 Yrs 11 Mos 8 Das, all AMS.

b. Grade Status: A1C - 10 Jul 01 (Article 15, 10 Jul 01)
SRA - 28 Jan O01

c. Time Lost: None.

d. Art 15’s: (1) 10 Jul 01, Seymour Johnson AFB, NC - Article 92. You,
who knew of your duties, on or about 24 Jun 01, were
derelict in the performance of those duties in that you
willfully distributed private telephone numbers from
your squadron recall roster, without obtaining
permission from members of your unit, as it was your
duty not to do. Reduction to A1C. (Appeal/Denied) (No
mitigation)

e. Additional: LOR, 09 JUL 01 ~- Dereliction of Duty.
LOR, 13 JUN 01 - Missed appointment for the second time.
LOR, 13 JUN 01 - Missed appointment.
RIC, 21 DEC 00 - Late for Roll Call.
RIC, 14 AUG 00 - Missed appointment.
RIC, 11 APR 00 - Missed appointment.

£. CM: None,

g. Record of SV:28 Sep 98 - 27 May 00 Seymour Johnson AFB 3 = (Initial)
28 May 00 ~- 27 May 01 Seymour Johnson AFB 1 = (Annual) REF

(Discharged from Seymour Johnson AFB)
FD2002-0358
h. Awards & Decs: AFTR, AFOEA W/VALOR, AFOUA.

i. Stmt of Sv: TMS: (3) Yrs (2) Mos (6) Das
TAMS: (2) Yrs (11) Mos (8) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 21 Aug 02.
(Change Discharge to Honorable and Change the RE Code.)

Issue 1: I would like to re-enter the USAF NG. I have been going to school
and have almost finished my degree in Professional Aeronautics. I felt it was
in the best interest of the AF at the time I was discharged.

Issue 2: 2A333A is wrong. I received my 5 level the end of 2000. [It
should read 2A335A.

ATCH

1. DD Form 214 (Member-4) .
2. Four Letters of Recommendation.
3. Criminal Record Check.

27Nov02/ia
. PD 2002- AD 3BS3
-JEPARTMENT OF THE AIR FOR x

4TH FIGHTER WING (ACC)
SEYMOUR JOHNSON AIR FORCE BASE NC

29 AUG 2001:

 

MEMORANDUM FOR 4 FW/CC
FROM: 4 FW/JA

SUBJECT: Legal R

ca

 
 
   

eview— Discharge under AFI 36-3208, Chapter 5, Section H, Paragraph 5.49,

    

  
  

1. HISTORY: The 336th Fighter Squadron Commander has recommended that
be discharged from the Air Force for misconduct, specifically minor disciplinary infractions. The basis.
for this recommendation is AFI 36-3208, Chapter 5, Section H, Paragraph 5.49. The commander
recommends a general discharge without a period of probation and rehabilitation (P&R). The respondent

is eligible for, and has been processed by, notification procedures in accordance with AFI 36-3208,
Paragraph 6.2. The respondent has consulted counsel. MMAR cr2021 is at Tab 6.

2. BASIS FOR ACTION: Mec ceives three Records of Individual Counseling, three Letters
of Reprimand, and punishment under Article 15. These actions were taken to correct various types of
misconduct to include several instances of failure to go and dereliction of duty. A more detailed

discussion of specific instances of misconduct is contained in the squadron section commander’s
Notification Memorandum, dated 20 August 2001 located at Tab 1.

3. EVIDENCE FOR THE RESPONDENT: .is 28 years old and has served on active duty
since 28 September 1998. The respondent has received two_enlisted performance reports with overall
ratings of 3 and | (oldest to most recent). In his statement, has requested that he be retained

in the service until 27 September 2001, so that he is eligible to receive his Montgomery G.I. Bill benefit.
Additionally igen requests you consider upgrading his discharge classification from general to
honorable.

4. ERRORS AND IRREGULARITIES: None

5. CONCLUSIONS:

a. Discharge is appropriate under AFI 36-3208, Chapter 5, Section H, Paragraph 5.49, which subjects

a member to discharge when there is evidence of misconduct, specifically minor disciplinary infractions.
GR. to go and dereliction of duty have disrupted good order, discipline, and morale
within the military community; hence, discharge is appropriate.

b. Characterization of Service: I concur with the Commander’s recommendation of a general
discharge. According to AFI 36-3208, Paragraph 5.48.4, an honorable characterization is appropriate in a
discharge for misconduct when “the member’s record has been so meritorious that any other
characterization would be clearly inappropriate.” In such cases, the GCM convening authority approves
the service characterization. On the other hand, a general discharge is warranted, according to paragraph

Global Power For America
Fp 2022 -A5S3§

1.18.2, when “significant negative aspects of the airman’s conduct or performance of duty outweigh
positive aspects of the airman’s military record.” Cee a well-documented history of minor
misconduct since his arrival at Seymour Johnson AFB. His repeated misconduct far outweighs the
positive aspects of his service; therefore, a general discharge is appropriate.

c. Probation and Rehabilitation: I concur with the Commander’s recommendation tha
not be offered P&R. The Air Force has already made substantial efforts to rehabilitate this member
through counseling and discipline. addi os responded to the Air Force’s rehabilitative efforts by
continuing to engage in misconduct, thereby demonstrating that he does not have the capacity to be
rehabilitated for continued military service. Therefore, P&R is not appropriate in this case.

6. LEGAL SUFFICIENCY: This case is legally sufficient, contingent upon a finding that the respondent
is medically qualified for worldwide duty.

7. OPTIONS: As the separation authority, you have the following options in this case:
a. Retain the respondent; or

b. Approve separation and recommend to the 9 AF/CC that the respondent be discharged with an
honorable discharge with or without probation and rehabilitation; or

c. Approve separation and discharge the respondent with a general discharge with or without proba-
tion and rehabilitation; or

d. If you believe an under other than honorable conditions (UOTHC) discharge is appropriate, return
the case file to the squadron commander and direct processing by administrative board procedures IAW
AF] 36-3208, Paragraph 6.13.

8. RECOMMENDATION: That you approve the separation of MGUQMMIMMG from the United States Air
Force with a general discharge, without probation and rehabilitation, by signing the attached
memorandum.

 

Attachment:

Case File:
| 3 PRAOD2Z-OSS 8
~ PARTMENT OF THE AIR FORC.
4TH FIGHTER WING (ACC)

SEYMOUR JOHNSON AIR FORCE BASE NC

 

   

MEMORANDUM FOR
FROM: 336 FS/CC
SUBJECT: Notification Memorandum

1. Iam recommending your discharge from the United States Air Force for misconduct, specifically for
minor disciplinary infractions. The authority for my recommendation is AFPD 36-32 and AFI 36-3208,
Chapter 5, Section H, Paragraph 5.49. According to Table 1.3 of AFI 36-3208, your service can be
characterized as honorable, general, or under other than honorable conditions. I am recommending your
service be characterized as general.

2. My reasons for this action:

a. On or about 6 April 2000, you failed to report for a Forms Documentation class for which you
received a Record of Individual Counseling. These actions are documented by an AF Form 174, for
which you acknowledge receipt on 11 April 2000 (Tab 1a).

b. On or about 9 August 2000, you failed to report for a Forms Documentation class for which you

received a Record of Individual Counseling, These actions are documented by an AF Form 174, dated
14 August 2000 (Tab Ib).

c. On or about 20 December 2000, you reported late for roll call for which you received a Record of
Individual Counseling. These actions are documented by an AF Form 174, dated 21 December 2000
(Tab Ic).

d. On or about 10 May 2001, you failed to report for chemical warfare training for which you

received a Letter of Reprimand. These actions are documented by a Letter of Reprimand, dated 13 June
2001 (Tab 1d).

e. On or about 29 May 2001, you failed to report for chemical warfare training for the second time

for which you received a Letter of Reprimand. These actions are documented by a Letter of Reprimand,
dated 13 June 2001 (Tab le).

f. On or about 24 June 2001, you were derelict in the performance of your duties in that you willfully
distributed private telephone numbers from your squadron recall roster without obtaining permission
from members of your unit for which you received punishment under Article 15 of the Uniform Code of
Military Justice. These actions are documented by an AF Form 3070, dated 5 July 2001 with
attachments (Tab 1f).

g. On or about 9 July 2001, you were derelict in the performance of your duties in that you willfully
and negligently failed to report for duty for which you received a Letter of Reprimand. These actions are
documented by a Letter of Reprimand, dated 9 July 2001 (Tab 1g).

Global Power For America
fPD2002- ©3 SF

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.

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 consul ; Area Defense Counsel, at 1185 Cannon
Street, Suite 308, Seymour Johnson AFB NC. The Area Defense Counsel can be reached at ext. 2-5345
or DSN 722-5345. Your appointment has been scheduled on _-3/ Avy (date) at_ OXIA

(time). 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 by _€3._ AUG Oi (allow three duty days) 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 mandatory medical examination at the Physical Examination Section,
4th Medical Group, Seymour Johnson AFB, on 10 August 2001 at 0845 hours. You will be scheduled
for a mandatory follow-up examination at the Green Team on 10 August 2001 at 0940 hours. You must
report 15 minutes prior to your scheduled appointment times.

8. Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974. A copy of
AFI 33-332 is available for your use at the unit orderly room or the Area Defense -Counsel office.

9. Execute the attached acknowledgement and return it to me immediately.

  
   

Attachments:

Supporting Documentation:
AF Form 174, for which you acknowledged receipt on 11 April 2000
AF Form 174, dated 14 August 2000
AF Form 174, dated 21 December 2000

Letter of Reprimand, dated 13 June 2001

Letter of Reprimand, dated 13 June 2001

AF Form 3070, dated 5 July 2001 with attachments
Letter of Reprimand, dated 9 July 2001

Rime aoe oF