TYPE  GEN 

IX 

I 

I 

PERSONAL APPEARANCE 

RECORDREVIEW 

1 

NAME OF COUNSEL AND OR ORGANIZATION 

ADDRESS AND OR ORGANIZATION OF COUNSEL 

fl ......................... 

::.:.....  .: ......................  . . . . . . . . . . . . . . . . . . . . . . . .  j;;i$Z3- 
........................................................................ 
.......................... 
....................................... 
........................................................................................................................................................................ 
................................... 
........................... 
............... 

................ 
............................................................................. 

,,::::::: .:.:.:. :.:.:.:.:.:.:,:.:.: ............................................................ 

::.:.: ........................................... KG.:... ........................ 
I  DENY 
OTHER 

<., 

I 

GEN 

I  UOTHC 

I 

I 

EXHIBPTS SUBMtlTTEI) TQ THEBQARI? 

I 
- 
1  I  ORDER APPOINTING THE BOARD 
2  1  APPLICATION FOR REVIEW OF DISCHARGE 

LETTER OF NOTIFICATION 

I 
1 

I  I 

PERSONAL APPEARANCE 

1 

I  TAPE RECORDING OF PERSONAL APPERANCE 

I 

 

1
'
1  NAME b F  SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

- -  

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

I  GRADE 
I 
I 

I 

1 

1  HON 

MEMBER SITTING 

ISSUES  A93.01 

INDEX NUMBER  A67.10 

HEARING DATX 

07 Dec 2003 

CASE NUMBER 

FD-2002-0382 

Case heard at Randolph AFB, Texas. 

Advise applicant of the decision of the Board, the right to a personal appearance withlwithout counsel, and the right to 
submit an application to the AFBCMR 

TO: 

I 

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

AFHQ FORM 0-2077, JAN 00 

FROM: 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEWBOARD 
1535 COMMAND D Q  EE WING, 3RD FLOOR 
ANDREWS AFB, MD 20762-7002 

J 

I 

(EF-V2) 

Previous edition will be used 

I 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2002-0382 

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

exercise this right. 

I The applicant was offered a personal appearance before the Discharge Review Board (DRB) but declined to 
I The attached brief coptains available pertinent data on the applicant and the factors leading to the discharge. 

FINDINGS:  Upgrade of Discharge and  change of reason and authority for discharge are denied. A change 
of reenlistment code is also denied. 

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

ISSUE:  Applicant  does  not  contest the  discharge.  He  simply states  that  he  was  having  some personal 
problems  at  the time.  The record  indicates the applicant committed thirteen  instances of misconduct,  for 
which  he  received  multiple  Letters  of  Reprimand.  However,  if  the  applicant  can  provide  additional 
documented information to substantiate an issue, the applicant should consider exercising his right to make a 
personal  appearance before the Board.  If he  should choose to  exercise this right to  a personal appearance 
hearing,  the  applicant  should  be  prepared  to  provide  the  DRB  with factual  evidence  of the  inequity,  or 
impropriety,  and  any  exemplary  post-service  accomplishments  as  well  as  any  contributions  to  the 
community. 

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  fill  administrative  due  process.  Therefore,  the 
applicant's characterization and reason for discharge remains unchanged. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR  FORCE 

AIR  FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

(Former AMN)  (HGH AMN) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF 30 Jul 01 UP AFI 36- 
3208, para 5.49  (Misconduct -  Minor Disciplinary Infractions).  Appeals for 
Honorable Discharge, to Change Reentry Code, and Reason and Authority for 
Discharge. 

2.  BACKGROUND: 

a. DOB: 11 Oct 81.  Enlmt Age: 18 11/12.  Disch Age: 19 9/12. Educ: 

HS DIPL.  AFQT: N/A.  A-44,  E-33,  G-44, M-37. PAFSC: 3AOll -  Information 
Management Helper. DAS: 4 Jun 01. 

b.  Prior Sv: (1) AFRes 25 Sep 00 -  28 Nov 00 (2 Mos 4 Days)(Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enld as AB 29 Nov 00 for 4 yrs. Svd: 0 Yrs 8 Mos 2 Das, all AMS. 

b.  Grade Status:  AMN  -  29 May 01 

c.  Time Lost:  None. 

d.  Art 15's: None. 

e.  Additional: AETC Form 341, 29 Jun 01 -  Disrespect to staff and NCO. 
LOR, 27 Jun 01 -  Failed fourth room inspection. 
AETC Form 341, 27 Jun 01 -  Failed to march at attention 

AETC FM 341, 27 Jun 01 -  Failure to have three AETC 341s on 

while straggling. 

LOR, 21 Jun 01 -  Failed third room inspection and window 

person. 

unlocked. 

LOR, 19 Jun 01 -  Failed PC and room inspection. 
LOR, 14 Jun 01 -  Disrespect to an NCO and curfew violation. 
LOR, 13 Jun 01 -  Failure to report for AFI duties and 

skipping format ion. 

LOR, 11 Apr 01 -  Failure to report for duty. 
LOR, 5 Apr 01 -  Failure to comply with instruction and 

improper military bearing. 
AETC FM 173, 22 Mar 01 -  Late for school. 
AETC FM 173, 14 Mar 01 -  Failure to properly prepare for 

AETC FM 173, 12 Mar 01 -  Failure to complete assigned 

class. 

homework. 

f .   CM:  None. 

g.  Record of SV: None. 

(Discharged from Keesler AFB) 

h.  Awards &  Decs:  AFTR. 

i.  Stmt of Sv:  TMS:  (0) Yrs  (10) Mos  (6) Das 
TAMS: (0) Yrs  (8) Mos  (2) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 4 Sep 02. 

(Upgrade Discharge to Honorable, Change Reentry Code, and Reason and 

Authority for Discharge) 

ISSUES ATTACHED TO BRIEF 

ATCH 
1. Applicant's Issues 

6 Dec 02/cr 

-DEPARTMENT OF 'THE AIR FORCE 

AIR EDUCATION AND TRAINING COMMAND 

MEMORANDUM FOR 81 TRGICC 

FROM:  81 TRWJJAJ 

500 Fisher Street Rm 227 
Keesler AFB, MS 39534-2553 

SUBJECT:  Legal Review, Administrative Discharge - ~mn- 

1.  ACTION:  On 16 Jul01,336 TRSJTRM recommended that 
(hereafter referred to as "Respondent")  be administratively separated for minor disciplinary 
infiactions with a general discharge characterization.  The authority for this recommendation is AFI 
36-3208, Section H, paragraph 5.49 (minor disciplinary inhtions).  Under paragraph 6.2.2, the 
respondent is not entitled to a board hearing. 

2.  PERSONAL DATA: 

a.  Date and Term of Enlistment:  29 Nov 00,4 Years; 

b.  Total Active Federal Military Service Date:  29 Nov 00; 

c.  Performance Reports:  NIA. 

3.  EVIDENCE FOR THE GOVERNMENT: 

a.  On 29 Jun 01, Respondent was disrespecthl to the Training Office staff and NCO, for which he 

was counseled on that date. 

b.  On 27 Jun 01, Respondent failed to comply with the 2"d Air Force Phase program by not carrying 

three AETC Forms 341 on his person, for which he was counseled on that date. 

c.  On 27 Jun 01, Respondent failed to comply with the 2"  Air Force Phase program by failing to 

march at the position of attention while straggling, for which he was counseled on that date. 

d..  On 26 Jun 01, Respondent failed his room inspection for the fourth time, for which he received a 

Letter of Reprimand, dated 27 Jun 01. 

e.  On 20 Jun 01, Respondent failed his room inspection for the third time.  In addition he failed to 
lock his window constituting a security violation, for which he received a Letter of Reprimand, dated 
21 Jun01. 

This is a privileged document.  Do not release in whole or in part without the express permission of the Staff Judge Advocate. 

ATTORNEY WORK PRODUCT 

f.  On 18 Jun 01, Respondent failed his room inspection for the second time.  In addition, on 16 Jun 
01, he failed the PC and room inspection part of Remedial Military Training, for which he received a 
Letter of Reprimand, dated 19 Jun 01. 

g.  On 9 Jun 01, Respondent showed disrespect to an NCO and broke phase later on that same 

evening, for which he received a Letter of Reprimand, dated 14 Jun 01 .) 

h..  On the 6",  7",  and 8" of Jun 01, Respondent admitted to failing to report to AFI details and 

skipping formations, for which he received a Letter of Reprimand for dereliction of duty on 13 Jun 01. 

i.  On 11 Apr 01 ,while assigned to Sheppard Air Force Base, Texas, Respondent was derelict in the 

performance of his duties, by failing to report for duty for the second time, for which he received a 
Letter of Reprimand, dated 1 1 Apr 01. 

j.  On 4 Apr 01, while assigned to Sheppard Air Force Base, Texas, Respondent failed to comply 
with set instructions and guidelines while marching in a military formation by spraying a substance 
intended for practical jokes, for which he received a Letter of Reprimand, dated 5 Apr 01. 

k.  On 22 Mar 01, while assigned to Sheppard Air Force Base, Texas, Respondent failed to show up 

for school on time, for which he was counseled on that date. 

1.  On 14 Mar 01, while assigned to Sheppard Air Force Base, Texas, Respondent failed to be 

properly prepared for class, for which he was counseled on that date. 

m.  On 9 Mar 01, while assigned to Sheppard Air Force Base, Texas, Respondent failed to have his 

homework assignment completed, for which he was counseled on 12 Mar 01 

4.  EVIDENCE FOR THE RESPONDENT:  This 19-year old airman is in his first enlistment and 
has AQE scores as follows: A - 44, E - 33, G - 44, M - 37.  The Respondent waived his right to 
consult with counsel.  He also waived his right to submit a written response for the commander's 
consideration. 

5.  DISCUSSION:  This file is legally suficient.  The Respondent has had various minor 
disciplinary infractions, which occurred throughout the time he has been stationed here.  We concur 
with the 336 TRS/TRMYs recommendation of a general discharge.  If a member's service has been 
honest and faithful, a general discharge is warranted when significant negative aspects of the 
member's conduct or performance of duty outweigh positive aspects of the member's military 
record.  Respondent's behavior warrants such a characterization.  We also concur with 
336 TRS/TRMYs recommendation against offering respondent probation and rehabilitation.  The 
respondent has been given opportunities to improve, and to this date fails to show any improvement. 
Further attempts at probation and rehabilitation would likely prove unsuccessful. 

6.  OPTIONS:  As the Separation Authority your options are: 

a.  If you determine this separation action is not supported by the evidence, direct that it be 

discontinued, and direct the respondent be retained in the Air Force. 

This is a privileged document. Do not release in whole or in part without the express permission of the Staff Judge Advocate. 

ATTORNEY WORK PRODUCT 

b.  If you determine this separation ahion has been brought under an inappropriate section of 

i 

AFI 36-3208, direct reinitiation under a more appropriate section. 

* 

c.  If you determine this separation action is supported by the evidence, approve the 

separation action and direct the respondent be given a general discharge, with or without probation 
and rehabilitation, for minor disciplinary infiactions under the provisions of AFI 36-3208, 
paragraph 5.49. 

d.  If you determine this separation action is supported by the evidence, but believe an 

honorable discharge is appropriate, make that recommendation and forward the file to 2 AFICC for 
fbrther disposition. 

e.  If you determine that an under other than honorable conditions discharge is appropriate 

under paragraph 5.49, direct a discharge"board be convened, and forward the file to 336 TRS/TRM 
for processing. 

7.  RECOMMENDATION: Approve respondent's separation with a general service 
characterization, without probation and rehabilitation, for minor disciplinary infiactions under the 
provisions of AFI 36-3208, Chapter 5, Section H, paragraph 5.49. 

NCOIC, Airman discharge Facility 

7 - 

I concur. 

Attachment 
Case File 

This is a privileged document.  Do not release in whole or in part without the express permission of the Staff Judge Advocate. 

AlTORNEY WORK  PRODUCT 

DEPARTMENT OF THE AIR FORCE 

AIR EDUCATION AND TRAINING COMMAND 

JUL  1 6  2001 

MEMORANDUM FOR 0 . 
FROM:  336 TRSITRM 

. 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for minor disciplinary 
infractions.  The authority for this action is AFPD 36-32 and AFI 36-3208, Chapter 5, Section H, 
paragraph 5.49.  If my recommendation is approved, your discharge will be described as 
honorable or general.  I arn recommending that your service be characterized as general. 

2.  My reasons for this action are: 

1 

a.  On 29 Jun 01, you were disrespectfbl to the T 
were counseled on that date.  (Atch 1, Appendix A) 

ce s M  and NCO, for which you 

b.  On 27 Jun 01, you failed to comply with the 2nd Air Force Phase program by not carrying - 

your person, for which you were counsled on that date.  (Atch 1, 

Appendix B) 

c.  On 27 Jun 01, you failed to comply with the 2nd Air Force Phase program by failing to march 

while straggling, for which you were counseled on that date.  (Atch 1, 

at the position o 
Appendix C) 

d..  On 26 Jun 01, you failed your room inspection for the 
Letter of Reprimand, dated 27 Jun 01.  (Atch 1, Appendix D) 

for which you received a 

e.  On 20 Jun 01, you failed your room inspection for the third time.  In addition you failed to 

for which you received a ~etter of ~eprimand, 

lock you window 6nstituting  a securi 
dated 21 Jun 01.  (Atch 1, Appendix 

d 

f. On* 

18 Jun 01, you failed your loom inspection for the second time.  In addition, on 16 Jun 

01, you failed the PC and room inspection part of Remedial Military 
received a Letter of Reprimand, dated 19 Jun 01.  (Atch 1, Appendix 

hich you 

g.  On 9 Jun 01, you showed disrespect to an NCO and broke phase later on that same evening, 

for whi 

a Letter of Reprimand, dated 14 Jun 01.  (Atch 1, Appendix G) 

h..  On the 6  , 7  , and 8'  of Jun 01, you admitted to failing to report to AFI details and skipping 

th 

th 

a Letter of Reprimand for dereliction of duty on 13 Jun 01. 

formations, for which 
(Atch 1, Appendix H) 

i.  On 1 1 Apr 0 1 ,while assigned to Sheppard Air Force Base, Texas, you were derelict in the 

performance of your duties, by failing to report for duty for the 
a Letter of Reprimand, dated 1 1 Apr 01.  (Atch 1, Appendix I) 

e, for which you received 

j.  On 4 Apr 01, while assigned to Sheppard Air Force Base, Texas, you failed to comply with set 
instructions and guidelines while marching in a military formation by spraying a substance intended 
for practic 
Appendix 

ch you received a Letter of Reprimand, dated 5 Apr 01. (Atch 1, 

k.  On 22 Mar 01, while assigned to Sheppard Air Force Base, Texas you failed 
school on time, for which you were counseled on that date.  (Atch 1, Appendix K) 

for 

1.  On 14 Mar 01, while assigned to Sheppard Air Force Base, Texas you fajled to be properly 

prepared for class, for which you were counseled on that date.  (Atch 1, Appendix L) 

m.  On 9 Mar 01, while assigned to Sheppard Air Force Base, Texas you failed to have your 

ent complekd, for which you were counseled on l f ~ a r  01.  (Atch 1, Appendix 

hom 
M) 

3.  Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The Commander, Military Training Flightexercising SPCM 
jurisdiction or higher 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.  Any special pay, bonuses, or education assistance 
h d s  may be subject to recoupment. 

4.  You have the right to consult legal counsel.  Military legal counsel has been obtained to assist 
you.  I have made an appointment for you to consult 
at Bldg 070 1, Room 
102, on 
expense. 

at  MXA hours.  YOU  ma&<