3
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
AMN | ROU.
PERSONAL APPEARANCE X RECORD REVIEW
| COUNSEL “ ee NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
YES NO —_|
xX
i |
cage. YORE OF THE BOARD op
MEMBERS SITTING HON GEN UOTHC OTHER DENY
x
xX
xX
L
xX
— —
X
ISSUES INDEX NUMBER . EXHIBYES:SUBMITTED TO: THE BOARD |
A94,05 A67.10 1 | ORDER APPOINTING THE BOARD
2 T APPLICATION FOR REVIEW OF DISCHARGE |
3 | LETTER OF NOTIFICATION
HEARING DATE ~ | CASE NUMBER | 4 | BRIEF OF PERSONNEL. FILE
6 MAY 03 FD2002-0408 COUNSEL’S RELEASE TO THE BOARD
| ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

 

 

 

 

APPLICANTS ISSUR AND THE BOARD! SDECISIONAL RATIONAL ER 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.

 

 

SIGNATURE OF RECORDER - BE OF BOARD PRESIDENT,

 

 

SAF/MIBR SECRETARY OF THE AJR FORCE PERSONNEL 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
AFHQ FORM 0-2077, JAN 60 (EF-V2) Previous edition will be used.
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | yy7992-0408

GENERAL: The applicant appeals for upgrade of discharge to honorable, change the re-enlistment (RE)
code, and to change the Reason and Authority for discharge.

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, change of RE Code, and change of reason and authority 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 misconduct - minor disciplinary infractions. He had two Articles 15,
four Letters of Reprimand, and two Records of Individual Counseling. His misconduct included failure to
obey a lawful order on five occasions, assault and battery, and disrespectful language. At the time of
discharge, member consulted counsel and submitted statements in his own behalf. The Board noted
member was given several opportunities to correct his behavior but was either unwilling or unable to do so.
Member was age 18 to 20 when his misconduct happened, the same age as other airmen who honorably
complete their service without misconduct. There was no evidence member did not know right from
wrong. The Board determined member was responsible for his actions and 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
FD2002-0408

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

Eee (Former AMN) (HGH A1C)

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 13 Nov 01 UP AFI 36-
3208, para 5.49 (Misconduct - Minor Disciplinary Infractions). Appeals to
Upgrade Discharge to Honorable, Change to Reentry Code, and Reason and Authority

for Discharge.
2. BACKGROUND:

a. DOB: 16 Aug 81. Enlmt Age: 17 8/12. Disch Age: 20 2/12. Educ: HS DIPL.
AFQT: N/A. A-65, E-82, G-59, M-26. PAFSC: 2A331C ~ Avionic Systems Comm, Nav
& Pen Aids. DAS: 4 Mar 00.

b. Prior Sv: (1) AFRes 23 Apr 99 - 29 Jun 99 (2 Mos 7 Days) (Inactive).
3. SERVICE UNDER REVIEW:
a. Enld as AB 30 Jun 99 for 4 yrs. Svd: 2 Yrs 4 Mos 15 Das, all AMS.
b. Grade Status: AMN - 21 Jun 01 (Vacation of Article 15, 23 Oct 01)
A1lC - 30 Oct 00
AMN - 30 Dec 99

c. Time Lost: None.

d. Art 15’s: (1) 23 Oct 01, Vacation, Eglin AFB, FL - Article 91. You,
on or about 12 Sep 01, were disrespecful in language and
deportment toward Staff Sergeant ---~--- , a

noncommissioned officer, then known by you to be a
noncommissioned officer, by arguing with Staff Sergeant
= aS a after having been recalled onto duty while you
were on your 3-day pass, or words to that effect, and by
hanging up the telephone while Staff Sergeant -------
was still talking to you. Reduction to the grade of
AMN. (No appeal) (No mitigation)

(2) 21 Jun 01, Eglin AFB, FL ~ Article 86. You did, on or
about 29 May 01, without authority, go from your
appointed place of duty. Article 91. You, on or about
29 May O1, were disrespectful in language toward Staff
Sergeant ---~---- , a, superior noncommissioned officer,
then known by you to be a superior noncommissioned
officer, who was then in the execution of his office, by
saying to him "this is stupid and you are a fucking
dumbass and a fucking idiot," or words to that effect.
Suspended reduction to the grade of AMN. (No appeal)
(No mitigation)
e., Additional: LOR,
LOR,
LOR,
LOR,
RIC,

RIC,

£. CM: None.

31

09
20
O39
16

16

FEB
JAN
JAN
DEC

DEC

OL

01
01
ol
00

00

FD2002-0408

- Disrespect to an NCO and failure to obey
an order

- Assault and battery.

~ Failure to obey an order.

~ Failure to obey an order.

- Failure to obey a lawful order from an
NCO.

- Disrespect to an NCO and failure to obey
an NCO,

g. Record of SV: 30 Jun 99 - 27 Feb 01 Eglin AFB 2 (Initial) REF

h. Awards & Decs:

i. Stmt of Sv: TMS:
TAMS:

4, BASIS ADVANCED FOR REVIEW:

(Discharged from Eglin AFB)

AFTR.

(2)

(2) Yrs (6) Mos (22) Das
Yrs

(4) Mos (15) Das

Appln (DD Fm 293) dtd 23 Sep 02.

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

Authority for Discharge)

Issue 1: Falsely accused of disrespect & failing to obey a lawful order on

15 Oct 00.

Issue 2: Falsely accused of disobeying a lawful order on 15 Oct 00 fora

different reason.

Issue 3: Falsely accused of

(sic) also on 19 Jan 01.

Issue 4: Falsely accused of
falsely accused of disrespectful

ATCH

disobeying a lawful order on 5 Jan 01. and

failing to report to duty on 29 May 01 &
language toward NCO (sic) on 12 Sep 01.

1. Applicant's Memorandum for Correction of Military Records.

2. Discharge Documents.

23 Dec 02/cr
FP2002- 0Y OF

"DEPARTMENT OF THE AIR FORCE

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

 

05 NOV 2001
MEMORANDUM FOR 96 ABW/CC -

FROM: AAC/JA

SUBJECT: Legal Review, AFI 36-3208 Administrative Discharge, Amn SQUIRES
SRS FS (ACC)

1. LEGAL SUFFICIENCY: I have reviewed the attached discharge package of Ama
MHMA(respondent). | find it legally sufficient to support a discharge under AFI 36-3208,
chapter 5, section H (Misconduct), paragraph 5.49, Minor Disciplinary Infractions,

2. INITIATION OF ACTION: On 25 Oct 01, Capt RNIN 58 FS Section
Commander, notified the respondent that he was recommending the respondent be administratively
discharged for mimor disciplinary infractions under AFT 36-3208, chapter 5, section H, paragraph
5.49. Ese coments that the respondent receive a general discharge without probation
and rehabilitation (P&R). The respondent is not entitled to an administrative discharge board.

3. EVIDENCE CONSIDERED FOR THE GOVERNMENT: The respondent has engaged in
numerous acts of misconduct since 15 Oct 01. The acts of misconduct consist of the following:
five instances of disrespect to a non-commissioned officer (NCQ); four counts of failure to obey an
order; assaulting a fellow airman and failure to report for duty. For these acts of misconduct, the
respondent received two records of individual counseling, four letters of reprimand, an Article 15
and a vacation action. The supporting documents are attached to the notification memorandum.

(Tab 1)

4. EVIDENCE CONSIDERED FOR THE RESPONDENT: The respondent is a 20-year-old
Avionics System Apprentice who enlisted in the Air Force on 30 Jun 99. He was assigned to his
current unit on 4 Mar 00, The respondent consulted counsel and submitted a statement for your
review. He asks that he be retained. He says that he is not guilty of several of the instances of
disrespect to an NCO that he is accused of. He feels that the vacation action is unfair because he
was not disrespectful to an NCO. He also says that he is not guilty of failing to obey orders or
for leaving duty early. The respondent claims that in several cases he was not given an order, or
never heard the order he was given. He feels that no one listens to him or believes him because
he is only an airman not an NCO. He admits to assaulting a fellow airman and to losing his
temper on a couple of occasions. The respondent asks that if he is discharged that his service be
characterized as honorable.
f222002.- OY OF

5. DISCUSSION:

a. Separation Criteria: This file is legally sufficient to support discharge pursuant to AFPD
36-22 and AFI 36-3208, chapter 5, section H, paragraph 5.49.

b. Character of Discharge: Discharge under paragraph 5.49 can be described as under

- other than honorable conditions (UOTHC), general, or honorable. Only the General Court-
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 member's
service has been so meritorious that any other characterization would clearly be inappropriate. In
this casé, the respondent’s misconduct was significant and clearly outweighs the few positive
aspects of his military record. Therefore, a general discharge is appropriate.

c. Probation & Rehabilitation: 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 received two records of individual counseling for disrespect to an NCO.
When that didn’t work he received a letter of reprimand. Finally, he received an Article 15. Part of

the punishment for the Art 15 was suspended. Cor QED cists out in his recommendation
that the suspension was vacated 3 months after the punishment was imposed for the same type of

misconduct. 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 Court-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 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 to the General Court-Martial Convening Authority the respondent’s case file,
along with your recommendation that the respondent receive an honorable discharge, with or
without P&R.
we (je 2002- 04 OF

7. RECOMMENDATION: Based on the respondent's repeated misconduct and apparent
unwillingness to conform to Air Force policies, [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.
I further recommend respondent’s discharge be characterized as general and that he not be
considered for probation or rehabilitation.

Capt, USAF

 

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

  

(MPL Col, USAF

Attachment:

Case File Qa
i . FOLO002.-0408"

DEPARTMENT OF THE AIR FORCE
HEADQUARTERS 33D FIGHTER WING (ACC)
EGLIN AIR FORCE BASE, FLORIDA

 

FROM: 58 FS/CC DE Oct OL

SUBJECT: Notification Memorandum

1. [am 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 15 Oct 00, you were disrespectful to a non-commissioned officer and failed to
obey a lawful order. For this incident, you received a Record of Individual Counseling, dated 16
Dec 00. ,

b. On 15 Dec 00, you disobey a lawful order to wait before turning in your tools since

there were aircraft still being worked on. For this incident, you received a Record of Individual
Counseling, dated 16 Dec 00.

c. On 5 Jan 01, you failed to obey a lawful order. For this incident, you received a Letter
of Reprimand, dated 9 Jan 01.

d. On 19 Jan 01, you failed to obey a lawful order and were disrespectful to a non-
commissioned officer. For this incident, you received a Letter of Reprimand, dated 20 Jan 01.

e. On 20 Jan 01, you were belligerent and abusive in your behavior and actions which
escalated into physical violence during a game of pool when you threw a fellow airman into a
bookcase. For this incident, you received a Letter of Reprimand, dated 9 Feb 01.

f. On 29 May 01, you were aggressive and disrespectful to a non-commissioned officer.
For this incident, you received a Letter of Reprimand, dated 31 May 01.

g. On 29 May 01, you failed to report for duty; and were disrespectful in language
toward a non-commissioned officer. For these incidents, you received an Article 15, dated 2] Jun
01.

h, On 12 Sept 01, you were disrespectful in language and deportment toward a non-
commissioned officer. For this incident, you received a Record of Vacation Suspended
Nonjudicial Punishment dated, 22 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

Global Power For America
_. (LO UO0O 2~ OY OS

for reenlistment in the Air Force. Special pay, bonuses, or education assistance funds may be
subject to recoupment.

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 consult Capt dilienangtaa at building 451, 882-4185, on
26 eci__ at 1$00 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. If you 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 31 e¢7_ ate1'5_ hours.

8. You have been scheduled for an appointment with the 96th Mission Support Squadron,
separation section, on 29 Oct 01, at 1030 hours.

9. Immediately after completion of your 96th Mission Support Squadron separation section
briefing, report to the 96th Traffic Management Office with your completed AFDTC Form 4134
ot LGTT Office Form B133. If you have a TMO pickup, it must be before 5 Nov 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 30 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.

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

 

2 Attachments:

1. Supporting Documents

la. ROIC, dated 16 Dec 00

Ib. LOR, dated 16 Dec 00.

ic. LOR, dated 9 Jan 01.

1d. LOR, dated 20 Jan 01.

le. LOR, dated 9 Feb 01.

if. LOR, dated 31 May 01.

lg Article 15 dated 21 Jun 01

th Record of Vacation Suspended Nonjudicial Punishment, dated 22 Oct 01

2. Airman Acknowledgement