. AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

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

AB ahs

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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 OTHE DENY
xX
xX
X
xX
xX
ISSUES INDEX NUMBER EXHIBITS SUBMITTED TO THE BOARD:
A93.01, A71.01 A67.50 1 | ORDER APPOINTING THE BOARD
2 APPLICATION FOR REVIEW OF DISCHBRGE
3 LETTER OF NOTIFICATION
HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE
03-01-24 FD2002-0379

COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIBBE OF
PERSONAL APPEARANCE

 

 

TAPE RECORDING OF PERSONAL APPERA E HEARING
APPLICANT'S ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONA

 

 

 

 

 

 

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, an@the right to
submit an application to the AFBCMR.

SIGNATURE

   
    
 
  

Set

 

   

y) [/ INDORSEMENT

[/ FROM:
SAP/MIBR SECRETARY OF THE AIR FORCE PERSONNES COUNCIL
550 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

 

 

 

used,

AFHQ FORM 0-2077, JAN 00 ~ (EF-V2) Previous edition will
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE

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

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

code are denied.

The Board finds that neither the evidence of record or that provided by the applicant substantiates
impropriety or inequity that would justify an upgrade of the discharge to honorable.

Issues. Applicant was discharged for misconduct, discreditable involvement with milita
authorities. He had four Letters of Counseling, a Letter of Reprimand, and an Article 15. His
included two failures to go, two failures to maintain his dormitory room, allowing two minors tog
night in his dormitory room, and stealing from another airman. He was also convicted by Spi
Martial for being absent without leave for 13 days, using marijuana on divers occasions over
period, and stealing gasoline. Member’s only Enlsited Performance Report was rated an over:
“1”, and stated member’s actions caused “havoc” in his unit, and his lack of integrity was a “diss
the time of the discharge, applicant waived his right to submit a statement in his own behalf.

noted member was counseled repeatedly and given numerous opportunities to improve his be
failed to respond to those rehabilitative efforts. He was responsible for his actions of miscondug§ and was
properly held accountable for those. No inequity or impropriety was found in this discharge in th@jcourse of
the records review.

      
 

      
 

CONCLUSIONS: The Discharge Review Board concludes that the discharge was consiste
procedural and substantive requirements of the discharge regulation and was within the discre
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 equitab§ basis for
upgrade of discharge, thus the applicant's discharge should not be changed.

Attachment:
Examiner's Brief
FD2802-0379

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

(Former AB) (HGH A1C)

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 14 Jan 97 UP AFJ 36-
3208, para 5.50.1 (Misconduct - Discreditable Involvement with Military dr Civil
Authorities). Appeals for Honorable Discharge, Change the Reentry Code, [And the
Reason and Authority for Discharge.
2. BACKGROUND:
a. DOB: 28 Jun 76. Enilmt Age: 18 6/12. Disch Age: 20 6/12. Educ: JHS DIPL.
AFQT: N/A. A-70, E-70, G-72, M-86. PAFSC: 3P032 - Law Enforcement Ap#frentice.
DAS: 22 May 95.
b. Prior Sv: (1) AFRes 28 Dec 94 - 10 Jan 95 (13 Days) (Inactive).
3. SERVICE UNDER REVIEW:
a. Enld as AB 11 Jan 95 for 4 yrs. Svd: 2 Yrs 0 Mos 4 Das, or whidh AMS is
1 Yr 7 Mos 18 Das (Ex: 4 Mos 16 Das lost time).
b. Grade Status: AB - 22 MAY 96 (SPCM Order No 2, 16 Oct 96)
AMN - 22 MAY 96 (Article 15, 22 May 96)
A1lC - 11 MAY 96
AMN - Unknown

c. Time Lost: 11 Jul 96 - 26 Nov 96 (4 Months 16 Days)

d. Art 15’s: (1) 22 May 96, Eglin AFB, FL - Article 121. You diff, on or
about 4 May 96, steal United States currency, of a value
of about $100.00, the property of Airman ------
Reduction to the grade of AMN, and forfeiture om $237.00

pay per month for two months.
(No mitigation)

e. Additional:

LOC, 25 JUN 96 -
LOR, 02 FEB 96 -
LOC, 13 DEC 95 -
_ LOC, 28 AUG 95 -
LOC, 11 AUG 95 -

{Appeal granted)

Underage individuals in dormitory JFoom.
Late for work.

Dormitory room not in inspection dkder.
Late for work.

Dormitory room not in inspection d—der and

possession of a missing vacuum cld&ner.

CHARGE 1. Article 86.

Specification: Did,

Special Court Martial Order No. 2,

Plea:

16 October 1996

Guilty. Finding: Guilty.

on or about 10 Jul 96, without authority,
absent himself from his organization,

to wit: 96° Securit

Police
FD2002-@879

Squadron, located at Eglin AFB, and did remain so absent til he
was apprehended on or about 23 Jul 96,

CHARGE II: Article 112a. Plea: Guilty. Finding: Guilty.

Specification 1: Did, somewhere in the continental United] States,
on divers occasions between 1 May 96 and 23 Jul 96, wrong filly use
marijuana.

Specification 2: Did, at on near Cedar City, Utah, on orfAbout 23
Jul 96, wrongfully possess some amount of marijuana.

CHARGE III: Article 121. Plea: Guilty. Finding: Guilty

Specification: Did, at or near Cedar City, Utah, on or albut 23

Jul 96, steal gasoline of a value of about $20.95, the prdberty of

= i i . Sentence adjudged on 5 Sep 96: Reduction to thhe grade
of AB, forfeiture of $200.00 pay per month for six months, [JAnd five
months confinement.

g. Record of SV: 11 Jan 95 - 10 Sep 96 Eglin AFB 1 (Initial) REF
(Discharged from Eglin AFB)
h. Awards & Decs: AFTR, NDSM, HSM, AFOUA.

i. Stmt of Sv: TMS: (1) Yr (8) Mos (1) Das
TAMS: (1) Yr (7) Mos (18) Das

4. BASIS ADVANCED FOR REVIEW: Appin (DD Fm 293) dtd 3 Sep 02.
(Change Discharge to Honorable, Change the Reentry Code, and the Realfon and
Authority for Discharge.)

ISSUES ATTACHED TO BRIEF

ATCH
1. Applicant's Issues.

5 Dec §f2/cr
f 02002. _ 0? 79

| Members of the Board,
In January of 1995 I fulfilled one of my childhood dreams and joined the United
~ States Air Force. Like my father before me, I desired to serve my country, the United
States of America. I could not wait to leave rural Missouri and be trained by the U.S. —
government.

From day one of basic training, I loved what I was doing and excelled at -
everything. This continued through training until I completed Security Police and
Airbase Ground Defense School. . |

| I was then stationed at Eglin Air Force Base in Florida. As you will notice from
review of my records, I got into trouble and made some truly wrong decisions. I blame
. these actions on myself and myself only. As a result of these poor decisions, I received ¢
general under honorable conditions discharge. Since that time, T have not been in any
trouble, showing that I learned from these mistakes, I was young and. stupid.

I plan to obtain a waiver $0 that T may re-enlist. An upgrade of my discharge ma

_tnake this waiver easier for me to obtain, as well as restore some of the honor that [| lost
by being young and stupid. I wish nothing but to eontine in the service of my country,

especially in thege turbulent times.

Sincerely,
F2P1902-- 03 AF

DEPARTMENT OF THE AIR FORCE
HEADQUARTERS AIR FORCE DEVELOPMENT TEST CENTER (AFMC)
EGLIN AIR FORCE BASE FLORIDA

 

6 January 1997

MEMORANDUM FOR 96 ABW/CC

FROM: AFDTC/JA

1. LEGAL SUFFICIENCY: I have reviewed the attached package in the discharge case [hf
z . espondent). I find it legally sufficient to support a discharge under AFI 36-32,
Section H (Misconduct), paragraph 5.50.1, Discreditable Involvement with Military or Civili

Authonities.

2. INITIATION OF ACTION: On 13 Dec 96, 4M, 96 SPS/CC, notifi
respondent he was recommending the airman be discharged for Discreditable Involvement w

Military or Civilian Authorities under AFI 36-3208, paragraph 5.50.1.
recommends ‘respondent receive a general discharge without probation and rehabilitati

(P&R).

3. RESPONDENT'S SUBMISSION: Respondent, a 20 year old security policeman, enlist
in the Air Force on 11 Jan 95. He was assigned to his current unit on 22 May 95. On 30 D

96, he submitted a written response stating he was provided military counsel and waiving
right to provide statements for your consideration.

4. DISCUSSION:

a. Basis for Discharge: Respondent engaged in a pattern of misconduct since 11 A
95. This pattern of misconduct consisted of nine incidents, including two failures to maint
| his dormitory room in inspection order, two failures to go, one incident of allowing minors
stay overnight in his dormitory room, two larcenies, use of marijuana, and being absent withofit
‘leave. For these incidents, respondent received four Letters of Counseling (LOCs), one Le
of Reprimand (LOR), one Article 15 and conviction by Special Court-Martial. Copies of
supporting documents are attached to the notification letter. In light of the various disciplina
infractions, there is sufficient basis for discharge.

b. Appropriateness of Discharge: Respondent’s pattern of misconduct, as set forth
paragraph 4(a) above, does not support continued military service. It demonstrates

unwillingness to comply with standards set forth by the Air Force. Because he failed
maintain the minimum standards expected of an airman, respondent should be discharged.
; . | FF02002-- 0?

c. Characterization of Service: Chapter 1, Section B, of AFI 36-3208, provides

characterization of service as honorable is appropriate when the member’s service has been[h

meritorious that any other characterization is inappropriate. A general discharge is warran

when significant negative aspects of the airman's conduct or performance of duty outweg

positive aspects of the airman's military record. Characterization as under other than honorafl

conditions (UOTHC) is appropriate when the reasons for separation include a pattern
behavior or one or more acts or omissions that constitute a significant departure from
conduct expected of airmen. Although a UOTHC discharge might be appropriate because
the seriousness of the misconduct in this case, I believe that a general discharge is the
appropriate characterization.

d. Probation & Rehabilitation (P&R): Respondent is eligible for P&R, under AFI 36-

Chapter 7. However, this case is not an appropriate one for P&R. P&R is limited to deserving ¢
including those where the airman has demonstrated a potential to serve satisfactorily, has the capac}
be rehabilitated for continued military service or for completion of the current enlistment, or

retention on active duty in a probationary status is consistent with the maintenance of good orde
discipline in the Air Force. Past rehabilitative efforts, as set forth in paragraph 4(a), have not wo

Consequently, any further opportunities are unwarranted.

5. OPTIONS: As the Special Court-Martial Convening Authority, you may:
a. Retain respondent;
b. Approve separation with a general discharge with, or without, P&R;

c. Return the file to the unit with a recommendation to reinitiate the case with a
recommendation for a UOTHC discharge; or,

d. Forward the file to the General Court-Martial Convening Authority with a
recommendation for an honorable discharge with, or without, P&R.

6. RECOMMENDATION: Approve separation with a general discharge, without P&R.

 

Ses,
ry to
OSE

and.
ed.
| _ F02L0C02-0R79

I have reviewed the attached discharge package and the foregoing recommendation. I concur @ the
recommendation.

 

Attachment:
Case File (Harles)
as

FOLOO 2-057?

DEPARTMENT OF THE AIR FORCE
HEADQUARTERS 96TH AIR BASE WING (AFMC)
EGLIN AIR FORCE BASE FLORIDA

 

MEMORANDUM FOR @g00S00SORRUORRNRERRIRR 6 SPS 13 Def 9G

FROM: 96 SPS/CC
SUBJECT: Notification Memorandum

I am recommending your discharge from the United States Air Force for Discreditable
Involvement With Military or Civil Authorities. The authority for this action is AFPD 36
32 and AFI 36-3208, Section H, (Misconduct) paragraph 5.50.1. If my recommendation
is approved, your service will be characterized as honorable or general. I am Commendin ‘
that your service be characterized as general.

My reasons for this action are:

a. You did, on or about 10 Jul 96, without authority absent yourself from the
96 Security Police Squadron, located at Eglin AFB, and did remain so absent until
apprehended on or about 23 Jul 96; did, somewhere in the continental United States, on
divers occasions between | May 96 and 23 Jul 96, wrongfully use and possess marijuana;
did, at or near Cedar City, Utah on or about 23 Jul 96, steal gasoline of value of about
$20.95, the property of Highcountry Shell, for which you were tried and convicted by
special court-martial on 5 Sep 96.

b. On 12 Jun 96, you had two underage individuals in your dorm room, for which yo
received a Letter of Counseling (LOC), dated 25 Jun 96.

c. On or.about 4 May 96, you stole United States Currency, from a fellow airman, fo
which you received an Article 15, dated 22 May 96, with a reduction in grade to AB and
forfeiture of $437.00 pay per month for two months.

d. On or about 31 Jan 96, you failed to report to duty, for which you received a
Letter of Reprimand.

e. On or about 22 Nov 95, your dorm room was found to be in disarray. The same
incident occurred over the next four days, for which you received a LOC, dated
13 Dec 95.

f. On or about 26 Aug 95, you failed to report to duty on time, for which you
received a LOC, dated 28 Aug 95.
FO 2802.- BF

g. On or about 11 Aug 95, your dorm room was in disarray, for which you received a
LOC, dated 11 Aug 95.

Copies of the documents to be forwarded to the separation authority in support of this
recommendation are attached. The commander exercising SPCM jurisdiction or 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.

You have the right to consult counsel. Military legal counsel has been obtained to

assist you. I have made an appointment for you to £075
UT 600 4G at . 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 by 93 OSc ¥6 unless you
request and receive an extension for good cause shown. I will send them to the separation
authority.

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.

You have been scheduled for a medical examination. You must report to the 96th
Medical Group, Physical Exam Section, at oY 30 on S Dec 9 for the
examination. You must be in uniform for this appointment.

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 jpekiag 06 SPS Unit Personnel Office.

     

r

Attachments:

1. Special Court - Martial Order #2, dtd 16 Oct 96
2. Letter of Counseling (LOC), 25 Jun 96

AF Form 3070, dtd 22 May 96 w/atch

Letter of Reprimand, dtd 2 Feb 96

Letter of Counseling (LOC), 13 Dec 95

LOC, dtd 28 Aug 95

LOC, dtd 11 Aug 95-

Aa ws