AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

| NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
AMN
—J
x PERSONAL APPEARANCE RECORD REVIEW
“2)] NAME OF COUNSEL AND OR ORGANIZATION ~~ | ADDRESS AND OR ORGANIZATION OF COUNSEL
VOTE OF THE BOARD
MEMBERS SITTING RON GEN UOTHC OTHER DENY
- |
x
X
xX
x
D4
ISSUES INDEX NUMBER EXHIBITS SUBMITTED TO THE BOARD
A94.05 A67.10 1 | ORDER APPOINTING THE BOARD
sf
2 | APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION
HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE
SMAN OS HD2002-0310 "| COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT ‘TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

 

 

 

 

 

APPLICANT'S ISSUE AND THE BOARD'S DEGISIONAL RATIONAL ARE 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.

 

Applicant also submitted a DD Form 149, His records will be forwarded to the Board for Correction of Military Records.

 

 

 

 

 

 

 

 

SIGNATURE OF RECORDER “7 SIGNATURE OF BOARD PRESIDENT
INDORSEMENT DATE: 8 MAY 03
TO: FROM:
SAF/MIBR SECRETARY OF THE AIR 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 00 (EF-V2) Previous edition will be used.
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD02-0410

GENERAL: The applicant appeals for upgrade of discharge to Honorable.

The applicant appeared and testified before the Discharge Review Board without counsel at Andrews AFB,
MD, on 8 May 2003.

The following additional exhibits were submitted at the hearing:

Exhibit 5: Applicant’s Contentions
Exhibit 6: Corrected copy, 31 Mar 03 letter from (lil
Exhibit 7: Character letter from

The attached brief contains the available pertinent data on the applicant and the factors leading to the
discharge.

FINDINGS: Upgrade of discharge is denied.

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

ISSUE: Applicant contends that his discharge was too harsh because the reason he received an Article 15
was because of a power surge. He also attached letters of recommendation attesting to the fact that he was a
decent Airman and excelled in his job. The record indicates the applicant received an Article 15 for failure
to go and with intent to deceive, make an official statement, which was totally false. He also received a
Vacation action on his suspended reduction to Airman because of a failure to go. In addition, he received
three Letters of Reprimand, three Letters of Admonishment, two Letters of Counseling, and an
Memorandum for Record for failure to go, violation of AFI 36-2903, wearing substandard uniform
combination, being late for class four times, violating the chain of command twice, and sleeping on duty
twice. The board concluded the misconduct was a significant departure from conduct expected of all
military members. The characterization of the discharge received by the applicant was found to be
appropriate. The Board found no evidence of any inequity or impropriety on which to base a decision to
upgrade the discharge.

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~-0410
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

ap. (Former AMN) (HGH A1C)

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 29 Mar 02 UP AFI 36-
3208, para 5.49 (Misconduct - Minor Disciplinary Infractions). Appeals for
Honorable Discharge.

2. BACKGROUND:

a. DOB: 16 Jul 81. Enlmt Age: 18 8/12. Disch Age: 20 8/12. Educ: HS DIPL.
AFOT: N/A. A-59, E-62, G-72, M-72. PAFSC: 1C631 - Space Systems Operations
Apprentice. DAS: 22 Dec 00.

b. Prior Sv: (1) AFRes 16 Mar 00 - 28 Mar 00 (13 days) (Inactive).
3. SERVICE UNDER REVIEW:
a. Enlisted as AB 29 Mar 00 for 6 yrs. Svd: 2 Yrs 0 Mo 1 Das, all AMS.

b. Grade Status: AMN - 15 Jan 02 (Article 15, Vacation, 8 Mar 02)
Alc -— 15 May 00

c. Time Lost: None.

d. Art 15’s: (1) 8 Mar 02, Vacation, Schriever AFB, CO - Article 86.
You, did, on or about 14 Feb 02, fail to go at the time
prescribed, to your appointed place of duty. Reduction
to Amn. (No appeal) (No mitigation)

(2) 15 Jan 02, Schriever AFB, CO - Article 86. You, did,
on or about 18 Dec 01, without authority, fail to go at
the time prescribed to your appointed place of duty.
Article 107. You, did, on or about 19 Dec 01, with
intent to deceive, make to Captain ------- , an official
statement, to wit: "there must have been a power outage
during the evening because my clocks were blinking" or
words to that effect, which statement was totally false,
and was then known by you to be so false. Suspended
reduction to Amn, and forfeiture of $125.00 per month
for 2 months. (No appeal) (No mitigation)

e. Additional: LOR, 19 FEB 02 - Failure to go.
LOR, 17 FEB 02 - Violation of AFI 36-2903 (Hair).
* LOA, 14 DEC 01 - Wearing substandard uniform combination.
LOR, 14 DEC 01 - Late to class.
LOA, 14 DEC 01 - Violating chain of command.
LOC, 27 NOV 01 - Late for work.
MFR, 09 NOV 01 - Avoiding chain of command.
FD2002-0410

LOA, 09 NOV 01 - Sleeping in class.
LOC, 28 OCT 01 - Sleeping on quty.

£. CM: None.

g. Record of SV: 29 Mar 00 - 30 Nov 01 Schriever AFB 2 (Initial) REF
(Discharged from Schriever AFB)
h. Awards & Decs: AFTR, AFOUA, BS/MB.

i. Stmt of Sv: TMS: (2) Yrs (0) Mos (14) Das
TAMS: (2) Yrs (0) Mos (1) Das

4. BASIS ADVANCED FOR REVIEW: Appin (DD Fm 293) dtd 26 Sep 02.
(Change Discharge to Honorable)

Issue 1: I believe my discharge to be improper for the simple fact that I
received an article 15 for missing a scheduled appointment with my CO. He said
I was lying about a power serge that occurred in my apartment, when in fact I
was being truthful. The problem was that the power serge set. my alarm back to
12:00, and therefore I did not wake up at the time I had set it for. I tried to
verify the fact that there was a power serge with the utility company, but they
said that they only have record of power outages, not power surges. They stated
that a surge could have happened by having to (sic) many things plugged into one
outlet. Unfortunately, I did have my TV, DVD, alarm, and computer all connected
to the one outlet in my room. ,

Issue 2: I have attached letters of recommendation showing that I was a not
only a decent Airman, but I excelled at my job and helped the new operators
become better at there (sic) job by sharing my knowledge. I am currently trying
to pursue a career and finish my college education, and I am finding it very
difficult because of my discharge. If there is anything you could do I would
greatly appreciate it. Thank you.

ATCH
1. Five Character References.
2. DD Form 149.

23DEC02/ia
Oct 17 O2 O2:50p DPMAR ' 719-567-5516 p.37

FD 2002-0%/0

DEPARTMENT OF THE AIR FORCE

SOTH SPACE WING (AFSFPC}

 

» MEMORANDUM FOR 50 SW/CC

FROM: 50 SW/JA
210 Falcon Parkway, Ste 2104
Schriever AFB CO 80912-2104

SUBJECT: Legal Review of AFI 36-3208, Discharge of sn a

1. Ihave reviewed the administrative discharge action pertaining to An @ias i

(responden gg for legal sufficiency. There has been substantial compliance with the
applicable substantive and procedural provisions of AFI 36-3208. This action was initiated on .
18 Mar 02 to administratively separate respondent from the United States Air Force pursuant to
AFI 36-3208, chapter 5, section H, paragraph 5.49, misconduct (minor disciplinary infractions).
The statutory basis for this action is 10 U.S.C. § 1169 and a legal review is required by

AFI 36-3208, paragraph 6.12.1.

2. The recommendation for discharge is based upon the information contained in paragraph 2 of
the notification memorandum. The notification memorandum alleges that Allin 2s
found sleeping on duty, failed to go at the time prescribed on more than one occasion,.
deliberately asked to be released early from Airman Professional Seminar when he was

previously denied approval fron M@@ias ¢ eta. circumvented his chain of
command in order to elude additional SFS augmentee duty, failed to comply with AF
instructions, and failed to go to a mandatory appointment. In my opinion, there is sufficient
misconduct in the current enlistment to form,a basis for discharge.

3. The respondent is 20 years old and enlisted on 29 Mar 00 for a term of 6 years, and has a total
of 2 years active service. After consulting with the Area Defense Counsel, the respondent has

waived his rights to submit statements for you to consider.

4. Errors and Irregularities: There are no errors or irregularities that prejudice respondent or
deprive him of any substantial rights,

5. As Discharge Authority, you are empowered to:
a. Approve the discharge and issue a general discharge certificate;

b. Recommend an honorable discharge and forward the case file to 14 AF/CC for disposition;

MASTER OF SPACE
Oct 17 O@ O2:50p DPMAR 719-567-5516 p.398

j

c. Approve a general discharge, but suspend its execution for a period of up to one year for
probation and rehabilitation; or

d. Order respondent to be retained in the Air Force.

6. Based on the misconduct, from the current enlistment referred to above, the recommended |
service characterization of a general discharge 1s appropriate. In addition, there does not seem to.
be any reasonable expectation of rehabilitation for the respondent that would warrant probation
and rehabilitation. He has been given numerous opportunities to change his conduct with little
improvement.

7. Trecommend you direct respondent be separated from the United States Air Force with a
general discharge without probation and rehabilitation and that paragraph 5.49 be cited as the
basis for this action, A general discharge is appropriate when significant negative aspects of the
member's conduct outweigh positive aspects of his milifary record. AFI 36-3208, paragraph
1.18.2. Moreover, respondent’s history of misconduct shows his resistance to comply with the
law and Air Force Standards. Probation and rchabilitation is inappropriate because of
respondent's continued and repeated improper conduct despite attempts at correction.

8. Please contact me at 567-5050, if you have any questions or need additional information.
719-567-5516 p-6

FDRAA2- BY/O

Oct 17 O2 02: 39p DPHAR

DEPARTMENT OF THE AIR FORCE

SOTH SPACE WING (AFSPC)

 

_ MEMORANDUM FOR AM Nistor, 1, MAR
. —_ ae

FROM; 3 SOPS/CC
‘SUBJECT: Notification Memorandum

1, Iam recommending your discharge from the United States Air Force for misconduct (minor
disciplinary infractions), The authority for this action is AFPD 36-32 and AFI 36-3208,
paragraph 5.49. Ifmy recommendation is approved, your service will be characterized as
general.

2. My reasons for this action are:

a. On or about 27 Oct 01 you were found sleeping on the couch i. Mod
20.break room. Sleeping on the job is in direct violation of Article 92, Uniform Code of Military
Justice (UCM5). For this misconduct you received a Letter of Counseling (LOC) dated
28 Oct OL. (atch 1a)

b. On or about 6 Nov 01 you were found sleeping on duty for the second time. For this
misconduct you received a Letter of Admonition (LOA) dated 9 Nov OL. (atch 1b)

c. On or about 6 Nov Of you were informed that you had been chosen for Security Forces
(SFS) augmentee duty, You then blatantly avoided your chain of command by asking Capt

“ah who is not in your chain of command, if you could be put on the Guardian Challenge
Team in order to get out of SFS augmentee duty. For this misconduct you received an LOC
dated 9 Nov OL. (atch 1c)

d. On or about 27 Nov 01 you failed to go at the time prescribed, 0640 hours, to your
appointed place of duty. You did not show up until 0900 hours. For this misconduct you
received an LOC dated 27 Nov 01. (atch 1d)

e. On or about 29 Nov 01 you reported to your appointed place of duty in a uniform that
was excessively wrinkled, had no name tag and had improperly displayed ribbons. Failing to
comply with AFI 36-2903, Dress and Personal Appearance of Air Force Personnel, is in direct
violation of Art 92, UCMSJ. For this misconduct you received an LOA dated 14 Dec 01. (atch
le)

f. On or about 30 Nov 01 you failed to go at the time prescribed to your appointed place of
duty. For this misconduct you received a Letter of Reprimand (LOR) dated 14 Dec 01. (atch 1f)

MASTER OF SPACE
719-567-5516 p.7

Fp2002- 0¢/0

Get 17 O2 02:39p DPMAR

g. On or about 30 Nov 01 you did with the intent to deceive ask throu g QAR,

“QM (0 be released early from the Airman Professional Development Seminar so that you
may move from your residency. Prior to this you were specifically informed vias

2: either reschedule your move date, move after class was released for the day
or procure’a special power of attorney so that your roommate could sign out of your apartment
for you. For this misconduct you received an LOA dated 14 Dec O1. (atch 1g)

h. On or about 18 Dec 01 you failed to go at the time prescribed to your appointed place of

duty. On or about 19 Dec 01 you did with the intent to deceive make a false official statement to
“a For this misconduct you received an Article 15 dated 4 Jan 02, which

established an Unfavorable Information File (UIF). (atch 1h)

i. On or about 14 Jan 02 you were approached by the Flight Commn¢ gaia
stated to you that you needed a haircut. It is your responsibility to maintain the standards of AFI

36-2903. For this misconduct your received an LOR dated 17 Feb 02. (atch 1i)

j. On or about 14 Feb 02 you failed to attend a mandatory pre-mission briefing. For this .
misconduct you received an LOR dated 19 Feb 02 and a Vacation of Nonjudicial Punishment, -
AF Form 366, dated 4 Mar 02. sich 1) \

3. Copies of the documents to be forwarded to the separation authority in support of this
recommendation are attached. The commander exercising Special Court-Martial jurisdiction or a
higher authority will decide whether you will be discharged or retained in the Air Force and, if
discharged, how your service will be characterized. If you are discharged, you will be ineligible
for reenlistment in the Air Force and any special pay, bonus, 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.
Ihave made an appointment for you to consult the Arca Defense Counsel at the USAF Academy
on 21 Mar 02 at 1030 hours. 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 within 3 workdays from the date you receive this
memorandum of notification 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 medical examination. You must complete the attached DD
Form 2697 (atch 5) and report to the Peterson AFB Flight Medicine Clinic on 19 Mar 02 at
1430 hours for the examination. You must arrive 20 minutes prior to the scheduled appointment
time.
719-567-5516
Oct 17 G2 O2:39p DPMAR

rpzc02-3¢¥/0

8. You must report to MPF Separations on 20 Mar 02 at 1000 hours to receive a briefing. You
can contact the Separations office at 567-5335. _

9. 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: .
i 1. Derogatory Data:
LOC, 28 Oct 01
LOA 9 Nov 01
MFR/LOC, 9 Nov 01
LOC, 27 Nov 01
LOA, 14 Dec 01
LOR, 14 Dec 01
LOA, 14 Dec 01
Article 15, 4 Jan 02, AF 1058, 25 Feb 02, AF 1137
LOR, 17 Feb 02
j LOR, 19 Feb 02, AF Form 366, 4 Mar 02
Airmen’s Receipt of Notification
Airmen’s Statement
Recoupment Statement
DD Form 2697

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