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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN '
TYPE
_GEN : PERSONAL APPEARANCE X RECORD REVIEW _|

 

 

 

.| NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

| MEMBERS SITTING

 

 

 

 

 

 

 

 

 

 

 

 

 

 

       
  
  
 

 

ISSUES INDEX NUMBER

 

 

 

 

 

 

   
   
 
  
  
  
   

 

 

A01.00 A95.00 A67.10 I

3 | APPLICATION FOR REVIEW OF DISCHARGE

3 | LETTER OF NOTIFICATION |
HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE |
27 MAR 03 ¥D2002-0392 COUNSEL’S RELEASE TO THE BOARD

 

 

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

 

 

 

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING |
REDISCUSSED ON THE ATTACHED AlR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE, \

   

 

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WANA Casal tythee ay y \ Pegs . aes Sita tat le ty AVAL a ease

  

 

   

 

 

"REMARK
*Change reason and authority to Secretarial Authority.

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.

 

SIGNATURE OF RECORDER wei:

 

 

 

SAF/MIBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
550 C STREET WEST, SUITE 40 AIR FORCE DISCHARGE REVIEW BOARD
RANDOLPH AFB, TX 78] 50-4742 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. | yp7902-0392

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 the applicant submitted no issues contesting the equity or propriety of the discharge, and
after a thorough review of the record, the Board was able to identify none that would justify a change of

discharge.

ISSUE: The applicant submitted no issues and requested that the review be completed based on the
available service record. The Board reviewed the entire record and found no evidence of impropriety or
inequity in this case on which to base an upgrade of discharge. The records indicated applicant was
discharged for minor disciplinary infractions. During the period of enlistment under review, he received
three Letters of Reprimand. Member’s misconduct included an altercation with another NCO, civil arrest
for assaulting a civilian female, and civil arrest for driving erratically and possessing a concealed loaded
weapon without a permit. In the previous period of enlistment, member received an Article 15 for drinking
alcohol under the legal age, and a Letter of Reprimand for using derogatory language toward another
airman. The Board opined that there was sufficient misconduct in the current enlistment to warrant a
discharge, and that through these administrative actions, the applicant had ample opportunities in the
current enlistment to change his negative behavior. The Board concluded the disciplinary infractions were
a significant departure from the conduct expected of all military members. The Board could find no
inequity or impropriety that would warrant an upgrade.

If the applicant can provide additional documented information to substantiate an issue, he 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 Board 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 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
FD2002-0392
DEPARTMENT OF THE AIR FORCE

AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

“ee. (Former SRA) (HGH SRA)

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 2 Nov 01 UP AFI 36-3208,

para 5.49 (Misconduct - Minor Disciplinary Infractions). Appeals for Honorable
Disch.

2. BACKGROUND:

a. DOB: 18 Sep 78. Enlmt Age: 18 1/12. Disch Age: 23 1/12. Educ: HS DIPL.
AFQT: N/A. A-74, E-81, G-72, M-73. PAFSC: 2A656 - Aircraft Electrical &
Environmental Systems Journeyman. DAS: 29 May 01.

b. Prior Sv: (1) AFRes 15 Nov 96 - 27 May 97 (6 months 13 days) (Inactive).

(2) Enlisted as A1C 28 May 97 for 4 yrs. Svd: 3 yrs 1 month
8 days, all AMS. SRA - 28 Sep 99. EPRs: 5,4(REF),5.

ART 15: (1) 25 Mar 99, Cannon AFB, NM - Article 92. You, who knew
of your duties, at or near Clovis, New Mexico, on or
about 11 Mar 99, were derelict in the performance of
those duties in that you willfully failed to refrain from
drinking alcoholic beverages while under the legal
drinking age of 21, as it was your duty to do. Suspended
reduction to Airman, and 14 days extra duty. (No appeal)
(No mitigation)

3. SERVICE UNDER REVIEW:
a. Reenlisted as SrA 7 Jul 00 for 6 yrs. Svd: 1 Yr 3 Mos 26 Das, all AMS.
b. Grade Status: None.
c. Time Lost: None.
d. Art 15’s: None.
e. Additional: LOR, 10 OCT 01 - Civil arrest for. driving erratically and
possessing a concealed loaded weapon

without a permit.
LOR, 10 OCT O01 - Civil arrest for assaulting a civilian

female.

LOR, 07 MAY 01 - Involved in an altercation with another
NncO.

LOR, 01 FEB 00 - Using derogatory language toward another
airman.

£. CM: None.
FD2002-0392

g. Record of SV: 16 Apr 00 - 3 Apr 01 Kunsan AB 4 (CRO)
(Discharged from Eglin AFB)
h. (Awards & Decs: AFAM, AFLSAR, AFTR, AFGCM.

i. Stmt of Sv: TMS: (4) Yrs (11) Mos (19) Das
TAMS: (4) Yrs (5) Mos (6) Das

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

NO ISSUES SUBMITTED.

ATCH
None.

17DECO2/ia
FD2002- IBIZ

DEPARTMENT OF THE AIR FORCE

HEADQUARTERS AIR ARMAMENT CENTER (AFMC)
EGLIN AIR FORCE BASE, FLORIDA

 

OCT 26 200%
MEMORANDUM FOR 96 ABW/CC

FROM: AAC/JA
SUBJECT: Legal Review, AFI 36-3208 Administrative Discharge, aie

een 40 Fs (AFMC)

1. LEGAL SUFFICIENCY: I reviewed the attached discharge package concernin ina .
(respondent) and find it legally sufficient to support an administrative discharge action for minor

disciplinary infractions under AFI 36-3208, chapter 5, section H (misconduct), paragraph 5.49.

2. INITIATION OF ACTION: On 18 Oct 01¢Gaigagugpeiily 1 otified the respondent that he was
recommending the respondent be administratively discharged for minor disciplinary infractions under AFI 36-_

3208, chapter 5, section H, paragraph 5.49, ecommends that the respondent receive a general
discharge without probation and rehabilitation (P&R). The respondent i is not entitled to an administrative

discharge board.

 

3. EVIDENCE CONSIDERED FOR THE GOVERNMEN TSAR failed to refrain from
consuming alcoholic beverages while under the age of twenty-one; used derogatory language toward
another airman; started a fight with an NCO; assaulted a civilian female outside a night club in Destin,
Florida; and was arrested by civilian authorities for driving erratically and possessing a concealed loaded
weapon without a permit. For these offenses, he received four Letters of Reprimand (LORs) and an Article
15. Copies of the supporting documents are attached to the notification memorandum. (Tab 1)

4. EVIDENCE CONSIDERED FOR THE RESPONDENT: After consulting counsel, aE
submitted a written statement. (Tab 3). In his statement aii expresses his desire to continue his
enlistment and to have a successful career. He places his futuré and’career in your hands. However, if you

feel a discharge is warranted, a requests that his service be characterized as honorable.

5. DISCUSSION:

a. Separation Criteria: Ew nee: reflects poorly upon himself and the Air Force. He has
demonstrated that he cannot follow basic military rules and regulations by using racial slurs toward another

military member and by trying to fight with a senior ranking military member. Even though gagging w2s
advised this behavior was not appropriate, especially in the military, he exhibited the same inappropriate
behavior in the civilian community. According to aie '< assaulted a female for behaving in same
manner he has behaved. He also was arrested for reckless driving and carrying a concealed weapon. These
two civilian offenses are being handled by local authorities, but are documented by LORs, They are properly
considered as the basis of this discharge action. This file is legally sufficient to support discharge under AFPD
36-22 and AFT 36-3208, chapter 5 section H, paragraph 5.49 for minor disciplinary infractions.

b. Character of Discharge: Pursuant to AFPD 36-22 and AFI 36-3208, chapter 5 section H, paragraph 5.49,
an airman may be administratively discharged ifhe has engaged in a pattern of misconduct consisting solely of
minor disciplinary infractions. Because the basis is misconduct, discharge under paragraph 5.49 can be
Fp2002- 0392.

characterized as under other than honorable conditions (VOTHC), general, or honorable. Only the General
Courts-Martial Convening Authority can approve a UOTHC or honorable service characterization for
misconduct. A UOTHC discharge is appropriate when there has been a pattern of behavior or one or more
acts or omissions that constitute a significant departure from the conduct expected of airmen. A general
discharge is warranted when an airman’s service has been honest and faithful, but significant negative aspects

of the airman’s performance of duty outweigh positive aspects of the airman’s military record. An honorable
discharge would be appropriate when the quality of the airman’s service generally has met Air Force standards
of acceptable conduct and duty performance or the member's service has been so meritorious that any other _

characterization would be clearly inappropriate.

c, Characterization of Respondent’s Service: An honorable discharge would be inappropriate, as it would,
for all intents and purposes, excuse ain misconduct. However, consideringaggaMpeank, age,
and length of service, I do not recommend he receive a UOTHC, which is the worse type of administrative

discharge authorized. Without a doubt Ry pattern of misconduct is a significant negative aspect of

. his duty performance that outweighs an dsitive aspects of his military record. Therefore, I concur wit
CRM recommendation that settee cceivc a general discharge.

_ 4d. Probation & Rehabilitation (P&R): The respondent is eligible for P&R under AFI 36-3208, Chapter 7.
Probation and Rehabilitation is limited to deserving cases, including those where the airman has demonstrated

a potential to serve satisfactorily, has the capacity to be rehabilitated for continued military service or for
completion of the current enlistment, or whose retention on active duty in a probationary status is consistent
with maintaining good order and discipline in the Air Force. The respondent has been given numerous
opportunities to correct his behavior, and he has failed to do so. Consequently, P&R is not recommended in

this case.

6. OPTIONS: As the Special Courts-Martial Convening Authority in this case, you have the following
options:

a. Disapprove the discharge action and retain the respondent;

b. Approve the discharge action and separate the respondent with a genera] discharge,
with or without P&R;

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

d. Forward the discharge package to the General Courts-Martial Convening Authority, along with your
recommendation that the respondent receive an honorable discharge, with or without P&R.

7. RECOMMENDATION: For the reasons set forth above, I recommend the respondent be discharged from
the United States Air Force under AFPD 36-32 and AFI 36-3208, chapter 5, section H, paragraph 5.49, with a

general discharge, without P&R.
. / | ) FD 2002-03-72

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

 

Attachment:
Case File (Young)
Md

DEPARTMENT OF THE AIR FORCE
40™ FIGHTER TEST SQUADRON (ACC)
EGLIN AIR FORCE BASE, FLORIDA

 

MEMORANDUM FO Resign 0 ETS (AFM Vet Of

FROM: 40 FTS/CC
SUBJECT: Notification Memorandum

1, Iam recommending your discharge from the United States Air Force for Misconduct,
specifically 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 service
‘will be characterized as honorable, general, or under other than honorable conditions. I am
recommending that your service be characterized as general. .

2. My reasons for this action are:

‘a. On 11 March 99, you failed to refrain from consuming alcoholic beverages while
under the age of twenty-one. For this incident, you received an Article 15, dated 19 March 99.

__ b. On 20 Dec 99, you used derogatory language toward another airman. For this
incident, you received a Letter of Reprimand with a UIF, dated 1 Feb 00.

c. On 28 Apr 01, you were involved in an altercation with another NCO. For this
incident, you received a Letter of Reprimand with a UIF, dated 7 May 01.

d. On 5 Aug 01, you were detained by civilian authorities for assaulting a civilian female
outside a nightclub in Destin, Florida. For this incident you received a Letter of Reprimand with

a UIF, dated 10 Oct 01.

e. On 9 Oct 01, you were arrested by civilian authorities in Gulf Breeze, aoe for
" driving erratically and possessing a concealed loaded weapon without a permit. For this incident,
- you received a Letter of Reprimand with a UIF, dated 10 Oct 01.

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. Special pay, bonuses, or education assistance funds may be

subject to recoupment.

Global Power For America
‘ es FD2002~O.59 2

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 gqgggaaaaaaaaiagye: building 451, 882-4185, on
19 Oct 01 at 1100 hours. You may consult civilian counsel at your own expense.

5. You have the right to submit statements on your own behalf. Any statements you want the
separation authority to consider must reach me within 3 workdays from today unless you request
and receive an extension for good cause shown. I will send them to the separation authority.

6. Ifyou fail to consult counsel or to submit statements on your own behalf, your failure will
constitute a waiver of your right to do so.

7. You will complete a medical examination with the 96th Medical Group, physical examination ©
| section on 22 Oct 01, at 0715 hours.

8. You have been scheduled for an appointment with the 96th Mission Support Squadron,
separation section, on 22 Oct 01, at 1400 hours.

9. Immediately after completion of your 96” Mission Support Squadron separation section
briefing, report to the 96" Traffic Management Office with your completed AFDTC Form 4134
or LGTT Office Form B133. If you have a TMO pickup, it must be before 26 Oct 01.

10. You are required to receive a briefing from the Family Support Center prior to your
separation. You have been scheduled to receive your Transition Assistance Management

Program (TAMP) briefing on 23 Oct 01, at 0800 hours.

11. 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 your unit orderly room.

 

Attachments:

1. Supporting Documents

la. Art 15, dated 19 Mar 99
1b. LOR/UIF, dated 1 Feb 00
ic. LOR/UIF, dated 7 May 01
1d. LOR/UIF, dated 10 Oct 01
le. LOR/UIF, dated 10 Oct 01
2. Airman’s Acknowledgment