Wi

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
| NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
hie, AB
TYPE
GEN PERSONAL APPEARANCE X RECORD REVIEW
COUNSEL NAME OF COUNSEL AND OR ORGANIZATION *) ADDRESS AND OR ORGANIZATION OF COUNSEL
VFS NO
x
VOTE OF THE BOARD
MEMBERS SITTING HON GEN UOTHE OTHER DENY
X
»4
xX
fF x
a x
ISSUES INDEX NUMBER EXHIBITS SUBMITTED TO THE BOARD
A94,53, A93.05, A92.21 A67.10 1 | ORDER APPOINTING THE BOARD
2 | APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION
HEARING DATE CASE NUMBER 4 BRIEF OF PERSONNEL FILE
03-03-07 FD2002-0414 COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

 

 

 

APPLICANT'S ISSUE AND THR BOARD'S DECISIONAL 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 and the right to a personal appearance with/without counsel, and the right to
submit an application to the AFBCMR.

   

//

   
 
 
  

  

SIGNATURE Of RECORDER Jit il SE | SIGNATURE OF BOARD PRESIDENT

ee ny

/ (/ ar
INDORSEMENT
SAF/MIBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL

550 C STREETWEST, SUITE 40 AIR FORCE DISCHARGE REVIEW BOARD
RANDOLPH AFB, TX 78150-4742 1535 COMMAND DR, EE WING, 3°° FLOOR
ANDREWS AFB, MD 20762-7002

DATE: 03-03-07

 

   
 

TO:

 

 

 

 

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE |} pppo02-0414

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 1s 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 minor disciplinary infractions. He had two Articles 15, a Letter of
Reprimand, five Letters of Counseling, and an Unfavorable Information File (UIF). His misconduct
included five instances of failure to go or being late to work, three instances of dress and appearance
violations, two instances of failure to follow instructions or training guidelines, two instances of dereliction
of duty, and having an unauthorized, unescorted civilian guest in his dorm room overnight. At the time of
the discharge, member consulted counsel and submitted a statement requesting retention, or in the
alternative an honorable discharge. The Board noted member was given many opportunities to correct his
behavior but was either unwilling or unable to do so. Member was responsible for his actions and was 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.

Applicant submitted a character reference from his grandfather, a retired Air Force Senior Master Sergeant,
which reflected on applicant’s post-service conduct and accomplishments, and noting that applicant came
from a sheltered background. While the latter may have had some bearing on applicant’s ability to adjust to
the military, this information failed to demonstrate how the characterization of discharge was affected by it,
or how applicant’s youth and immaturity distinguished him from his peers. And while the Board commends
applicant on the post-service improvements he has made, they are not relevant to the period of service under
review, and therefore do not provide a basis for upgrade.

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
FD2002-0414
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 6 Nov 01 UP AFI 36-3208,

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

2. BACKGROUND:

a. DOB: 10 Feb 82. Enlmt Age: 17 3/12. Disch Age: 19 8/12. Educ: HS DIPL.

AFOT: N/A. A-35, E-62, G-52, M-34. PAFSC: 1C331 - Command Post Apprentice.
DAS: 8 Nov 00.

b. Prior Sv: (1) AFRes 25 May 99 - 31 Jul 00 (1 Yr 2 Mos 7
Days) (Inactive).

3. SERVICE UNDER REVIEW:

a. Enld as A1C 1 Aug 00 for 6 yrs. Svd: 1 Yr 3 Mos 6 Das, all AMS.

b. Grade Status: AB - 3 Oct 01 (Article 15, 3 Oct 01)
AMN - 24 May 01 (Article 15, 24 May 01)

c. Time Lost: None.

d. Art 15’s: (1) 3 Oct 01, Robins AFB, GA - Article 92. You, who knew of
your duties, on or about 14 Sep 01, were derelict in the
performance of those duties in that you willfully failed
to obey dormitory rules by having Mr. ----- in your room
overnight and unescorted, ag it was your duty to do.

Reduction to the grade of AB, and 15 days extra duty.
(No appeal) (No mitigation)

(2) 24 May 01, Robins AFB, GA - Article 86. You, did, on
or about 6 May 01 and on or about 7 May 01, without
authority fail to go at the time prescribed to your
appointed place of duty. Reduction to the grade of AMN,
restriction for 45 days, 45 days extra duty, anda
reprimand. (No appeal) (No mitigation)

e. Additional: LOR, 14 AUG 01 - Dereliction to duty.

Loc, 25 MAR 01 - Late for duty.

Loc, 25 MAR 01 - Violation of dress and appearance
Standards (unshaven)

LOC, 24 MAR 01 - Dereliction to duty.

LOC, 20 DEC 00 - Late for duty and failure to follow
training guidelines.

LOC, 12 DEC 00 - Failure to follow instructions.
FD2002~-0414

£. CM: None.
g. Record of SV: None.
(Discharged from Robins AFB)
h. Awards & Decs: AFTR.

i. Stmt of Sv: TMS: (2) Yrs (5) Mos (13) Das
TAMS: (1) Yr (3) Mos (6) Das

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

NO ISSUES SUBMITTED

ATCH
None.

27Dec02/cr
f%, fee 002.~O Y/Y

“DEPARTMEN T OF THE AIR FORCE
Headquarters Warner Robins Air Logistics Center (AFMC)
Robins Air Force Base Georgia

 

100
MEMORANDUM FOR 78 ABW/CC 131 2001

FROM: JA

    
 

SUBJECT: Legal Review, AFI 36-3208 f ue D ischarge Action

1. Action: The proposed discharge celdilenartye the provisions of

AFI 36-3208, paragraph 5.49, for Minor Disciplinary Infractions has been reviewed and is legally
sufficient, subject to the inclusion of the discharge physical examination. There is an adequate
basis in the current enlistment to support discharge. J concur with the commander’s

i ype separated with a general discharge.

 

2. Background: AFI 36-3208, paragraph 5.49, provides for administrative discharge of an
enlisted member who has engaged in a pattern of misconduct consisting solely of minor
disciplinary infractions during the current enlistment isconduct fits the criteria
of AFI 36-3208, paragraph 5.49. He has repeatedly refused to comply with military standards
and regulationsiiliaiigreceived his first Letter of Counseling (LOC), dated 12 Dec 00, for
failing to give his supervisor his training certificate from technical school. An item which was
requested on several occasions. On 20 Dec 00, he received his second LOC for failure to go to
his appointed place of duty on several occasions. On 24 Mar 01, he received his third LOC for
failure to inform flight personnel about their flight cancellation. On 25 Mar 01, Ai

received his fourth LOC for reporting to work with an unshaven face. On 25 Mar 01, he received
his fifth LOC for failure to go to his appointed place of duty. On 24 May 01, he received his
first Article 15, Nonjudicial Punishment (NJP), for failure to go to his appointed place of duty,
This act established his Unfavorable Information File (VIF). On 14 Aus 01, he received his first
Letter of Reprimand (LOR), for failure to inform Ss sit to the 93"
ACW had been cancelled. This was placed in his existing UIF. On 3 Oct 01 gi ee
received his second Article 15, NJP, for failing to obey dormitory rules by having an
unauthorized guest stay in his room overnight and for not escorting that guest at all times. This
was placed in his existing UIF.

 
  
   

3. Personal Data: Sain: nineteen years old with one year and two months active
service. He has been awarded the Air Force Training Ribbon. He has no EPR’s.

4. Evidence For The Responden (aii as notified on 18 Oct 01 of the proposed
discharge. He consulted the Area Defense Counsel and submitted a statement on his behalf. In

his statement cquests he not be separated. However, if he is separated he requests
_ oo ypa0or” OWY

that he be given an honorable discharge iN s not entitled to an administrative
discharge board hearing.

5. Legal Issues: Past attempts at changing MEI chavior have not been effective. The
member was given every opportunity to meet Air Force standards and abide by Air Force

regulations. He is unwilling to meet the minimum standards required of a military member.
Based upon the rehabilitative measures taken by the commander in this case an CREO
continued, conscious violations of acceptable conduct, I do not recommend aie: a
‘tandidate for probation and rehabilitation. —

6. Options for 78 ABW/CC: As the separation authority in this case, you may:
a. Retain the respondent if you determine that discharge is not warranted; or

b. Discharge the respefident with a general discharge, with or without probation and
rehabilitation; or,

c. Recommend to WR-ALC/CC that the respondent be discharged with an honorable
discharge with or without probation and rehabilitation; or,

d. Direct that notification of discharge be withdrawn and the respondent be served with
notice of proposed discharge under other than honorable conditions. This option would.
entitle the member to have an additional seven days to respond to the discharge action
and would entitle him to present his case to an administrative discharge board.

7, Recommendation: An administrative discharge is warranted and is supported by the
evidence. Discharge based on Minor Disciplinary Infractions is ordinarily characterized as
general. In addition, given this member's short time in service, grade, and nature of his offenses,
a general discharge without probation and rehabilitation would be appropriate. If you concur,
you may so indicate by signing the letter at Tab 1.
i: oO fD2002 Ou F
DEPARTMENT OF THE AIR FORCE

93°” LOGISTICS SUPPORT SQUADRON (ACC)
ROBINS AIR FORCE BASE, GEORGIA

 

IS Cat ol

  

MEMORANDUM FOR i oe
FROM: 93 LSS/CC
SUBJECT: Notification Memorandum

1. Iam 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, 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. You failed to give your supervisor your training certificate from technical school, which
was requested on several occasions. For this your received a Letter of Counseling (LOC), dated
12 Dec 00.

b. You failed on several occasions, to report at the time prescribed to your appointed place of
duty. For this you received your second LOC, dated 20 Dec 00.

c. You failed, on 4 Mar 01, to inform the flight personnel about the flight cancellation, which
was a waste of manpower and resources. For this you received your third LOC, dated
24 Mar O1.

d. You did, on 22 Mar 01, report to work with an unshaven face. For this you received your
fourth LOC, dated 25 Mar 01.

e. You failed, on 24 Mar 01, to go at the time prescribed to your appointed place of duty.
For this you received you fifth LOC, dated 25 Mar 01.

f. You failed on 6 May 01 and on 7 May 01, to report at the time prescribed to your
appointed place of duty. For this you received an Article 15, Nonjudicial Punishment (NJP),
dated 24 May 01. This act established your Unfavorable Information File (UIF).

 
  

Mite isit to the 93" ACW

g. You failed on 10 Aug 01, to info iil
(LOR), dated 14 Aug 01. This

had been cancelled. For this you received a Letter of Reprimand
was placed in your existing UIF.
“) £227002-0WY

h. You failed, on 14 Sep 01, to obey dormitory rules by having someone stay in your room
overnight and not being escorted at all times. For this your second Article 15, NJP, dated 3 Oct
01. This was placed in your existing UIF.

~ 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.

~ 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 the Area Defense Counsel, ph. 926-5852, at
building 368, on 18 Oct 01 at 1400 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 three duty days of the date of this letter
unless you request and receive an extension for good cause. 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 physical examination on 18 Oct 01. You must report to
Physical Exam Section in building 700A at 0845 hours to fill out paperwork. Your follow-up
appointment will be at Family Practice, building 700A, at 0900 hours. You must be in
uniform and on time in order to keep the scheduled appointment.

~8. You have been scheduled for an initial briefing at separations with gage Bldg 905,
7-7348, on 19 Oct 01 at 0900 hours. Please bring an escort from your unit for assistance.
4} F°02002-OWIS

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 at the Area Defense Counsel or your unit orderly
room.

 

Attachments:

1. Supporting documents

. AF Form 174, dtd 12 Dec 00

. AF Form 174, dtd 20 Dec 00

. AF Form 174, dtd 24 Mar 01

. AF Form 174, dtd 25 Mar 01

. AF Form 174, dtd 25 Mar 01
AF Form 3070, dtd 24 May 01

. LOR, dtd 14 Aug 01

. AF Form 1058, dtd 27 Sep 01

i. AF Form 3070, dtd 3 Oct 01

rmemoaor p

2. Airman’s Receipt of Notification Memorandum