AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

 

& PERSONAL APPEARANCE

X RECORD REVIEW

 

 

NAME OF COUNSEL AND OR ORGANIZATION

 

 

 

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

 

 

 

 

 

 

 

VOTE OF THE BOARD
MEMBERS SITTING HON GEN venice OTHER DENY
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ISSUES

INDEX NUMBER

EXHIBITS SUBMITTED TO THE BOARD

 

 

 

 

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A93.01 A67.90 1 | ORDER APPOINTING THE BOARD
2 | APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION

HEARING DATE CASE NUMBER 4 BRIEF OF PERSONNEL FILE

19 FEB 03 FD2002-0415

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 DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE.

 

| REMARKS
Case heard at Washington, D.C.

submit an application to the AFBCMR.

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to

 

 

 

 

SIGNATURE OF RECORDER

INDORSEMENT

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

 

    

SIGNATURE OF BOA)

  

 

: DATE: 19°FEB 03
SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD
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 FD02-0415

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

The applicant was offered a personal appearance before the Discharge Review Board (DRB) but declined to
exercise this right.

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.

The applicant's issues are listed in the attached brief.

ISSUE: The applicant does not contest the discharge; he states that he cannot change the past but the
mistakes he made when he was younger helped him to learn to take responsibility for his actions. The
record indicates the applicant received two Article’s 15 for failure to go and driving while intoxicated, and a
Vacation of a suspended nonjudical punishment for attempting to steal the refund for a keg and tap. In
addition, he received two Memorandum’s for Record, a Record of Individual Counseling, and three Letter’s
of Reprimand for underage drinking, playing loud music in his dorm room, failure to report for duty and
being late for work numerous times. The DRB recognized the applicant was 21 years of age when the
discharge took place. However, there is no evidence he was immature or did not know right from wrong.
The Board opined the applicant was older then the vast majority of first-term members who properly adhere
to the Air Force’s standards of conduct. The Board concluded the discharge was appropriate for the reasons
that were the basis for this case. No inequity or impropriety in his discharge was suggested or found in the
course of the records review. His misconduct was a significant departure from conduct expected of all
military members. The Board concluded that the character and reason for discharge were appropriate due to
his misconduct.

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 or change the reason for discharge, thus the applicant's discharge should not be
changed.

Attachment:
Examiner's Brief
FD2002-0415
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former AB) (HGH A1ic)

1. MATTER UNDER REVIEW: Appl rec'd a GEN Disch fr USAF 11 Oct 96 UP AFI 36 -
3208, para 5.50.2 (Misconduct - Conduct Prejudicial to Good Order and
Discipline). Appeals for Honorable Disch.

2. BACKGROUND:

a. DOB: 27 Feb 75. Enlmt Age: 18 9/12. Disch Age: 21 7/12. Educ: HS DIPL.
AFOT: N/A. A-61, E-55, G-66, M-20. PAFSC: 3V032 - Still Photographic
Apprentice. DAS: 24 Aug 95.

b. Prior Sv: (1) AFRes 10 Dec 93 - 20 Jan 94 (1 Month 11 Days) (Inactive).

3. SERVICE UNDER REVIEW:

a. Enld as AB 21 Jan 94 for 4 yrs. Ext: 15 Mar 95 for 7 months. Svd: 2
Yrs 8 Mos 21 Das, all AMS.

b. Grade Status: AB - 16 Sep 96 (Article 15, 16 Sep 96)
AMN - 20 Aug 96 (Vacation of Article 15, 9 Sep 96)

A1C - 21 May 95
AMN - Unknown

c. Time Lost: None.

d. Art 15's: (1) 16 Sep 96, Ramstein AB, GE - Article 111. You, did, on
or about 1 Sep 96, in the parking lot of ---- Lounge,
Building 2113, physically control a vehicle, to wit: a
passenger car, while the blood alcohol concentration of
your blood was 0.10 grams of alcohol per 100 milliliters
of blood or greater, specifically .104 grams of alcohol
per 100 milliliters of blood, as shown by chemical
analysis. Reduction to the grade of AB. (No appeal) (No

mitigation)

(2) 9 Sep 96, Vacation, Ramstein AB, GE - Article 80. You,
did, on or about 23 Aug 96, attempt to steal the refund
for a keg and tap, of a value of $71.00, the property of
the -------- Exchange Service. Reduction to the grade
of AMN. (No appeal) (No mitigation)

(3) 20 Aug 96, Ramstein AB, GE - Article 86. You did, on
or about 2 Aug 96, without authority fail to go at the

time prescribed to your appointed place of duty.
Article 92. You, who knew of your duties at or near the

Protective Aircraft Shelter 106, Southwest Disbursed
FD2002-0415

Parking Area, on or about 31 Jul 96, were derelict in
the performance of those duties in that you negligently
failed to remain awake, as it was your duty to do.
Suspended reduction to the grade of AMN, forfeiture of
$100.00 pay per month for two months, and 14 days extra
duty. (No appeal) (No mitigation)

e. Additional: LOR, 20 MAY 96 - Late for work.
RIC, 1 MAR 96 ~ Late for work.
LOR, 28 FEB 96 ~ Late for work.
MFR, 14 FEB 96 ~ Failure to report for duty.
MFR, 24 JAN 96 ~ Loud music in dorm room.
LOR, 15 FEB 95 ~ Underage drinking.

£. CM: None.

g. Record of SV: 21 Jan 94 - 21 Dec 95 Ramstein AB 4 (Initial)
(Discharged from Sheppard AFB)

h. Awards & Decs: AFOLTR, NDSM, AFTR.

i. Stmt of Sv: TMS: (2) Yrs (10) Mos (2) Das
TAMS: (2) Yrs (8) Mos (21) Das

4, BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 23 Sep 02.
(Change Discharge to Honorable)

Issue 1: I wish to have my general discharge upgraded to an Honerable (sic)
discharge.

Issue 2: I realize that I cannot change the past but the mistakes I made
when I was younger helped me learn to take responsibility for my actions. If I
try to correct them, then the mistakes won't go in vain. Thank you.

ATCH
1. DD Form 149.

27Dec02/cer
nF P 2002-041

: * oe
é ' ood

DEPARTMENT OF THE AIR FORCE
86TH AIRLIFT WING (USAFE)

 

2B LEE teas

MEMORANDUM FOR 86 AW/CC

FROM: 86 AW/JA

SUBJECT: Legal Review of Discharge -q
786 CS .

 

1. I have reviewed the administrative discharge action against =n.
MME initiated by er CS/CC, and find it legally sufficient

to support discharge.

2. BASIS FOR THE ACTION: This administrative discharge action is based on
the respondent's pattern of misconduct consisting of conduct prejudicial to good
order and discipline during his current enlistment. The regulatory authority for
this discharge is AFT 36-3208, Section H, paragraph 5.50.2. The worst
characterization a discharge under this paragraph may receive is under other than
honorable conditions (UOTHC). However, AFI 36-3208, para 6.2.2, states that

ane recommended for a UOTHC discharge must receive a board hearing,

 
 
 
 

Meas not offered a board hearing, the worst characterization’
service may receive is a general discharge under honorable conditions. 4

MEM Jischarze is based upon the following incidents:

a. He did, on or about 1 Sep 96, physically contro! a car while drunk. For this
action, he received nonjudicial punishment on 16 Sep 96. This Article 15 was filed
in his Unfavorable Information File (UIF) on 17 Sep 96.

b. He did, on or about 23 Aug 96, attempt to steal the refund for a keg and tap,
of a value of $71.00, from AAFES. For this action, his suspended nonjudicial
punishment was vacated on 9 Sep 96.

c. He did, on or about 2 Aug 96, fail to report for duty at the appointed time, and
on or about 31 Jul 96, was derelict in the performance of his duties in that he failed
to remain awake. For these actions, he received nonjudicial punishment on 20 Aug
96. This Article 15 was filed in his UIF on 29 Aug 96. .

d. He did, on or about 20 May 96, fail to report for duty at the appointed time.
For this failure, he received a Letter of Reprimand (LOR) on 20 May 96 and a UIF
was established. This LOR was filed in his UIF on 3 Jun 96.
So FRR OO OF

e. He did, on or about 28 Feb 96, failto report for duty at the appointed time.
For this failure, he received an LOR on 28 Feb 96 and an individual counseling on

4 Mar 96.

f. He did, on or about 14 Feb 96, fail to report for duty at the appointed time.
For this failure, he received a verbal counseling.

g. He did, on or about 23 Jan 96, operate his stereo at a volume level that
disturbed a dorm resident on another floor despite previous verbal counseling. For
this action, he received a verbal counseling.

h. He did, on or about 11 Feb 95, engage in under age drinking. For this action,
he received an LOR on 15 Feb 95 and a UIF was established.

3. MATTERS SUBMITTED BY THE RESPONDENT: After conferring with the
Area Defense Counsel, the respondent submitted a letter in which he requested you
consider withdrawing the discharge or granting probation and rehabilitation. The
respondent addressed his background, initiative in his training and duty
performance, and participation in sports and other community activities while at
both of his duty assignments. He stated that he enjoyed his job and the
opportunities that come with it. He requested that his commander consider
probation:and rehabilitation based upon his exemplary duty performance.

4, DISCUSSION: The respondent's commander has recommended that the
respondent be separated from the Air Force with a general discharge IAW AFI 36-
3208, paragraph 5.50.2. Under this paragraph, airmen who engage in a pattern of
misconduct consisting of solely conduct prejudicial to good order and discipline are
subject to discharge. In this case, the respondent has several disciplinary
infractions in his relatively short current enlistment.

5. OTHER MATTERS: I find no prejudicial errors or irregularities. I note that
before the respondent can be discharged, he must be found medically qualified for
worldwide duty in accordance with AFI 36-3208, para 6.3. iii. his
medical appointment on 23 Sep 96, and AFI 36-3208, para 6.16, instructs that
processing should not be delayed to wait for the medical report. You may authorize
the discharge, but it will not be executed until the medical report is complete.

6. CHARACTERIZATION OF SERVICE: Characterization of service should be
based on the quality of the member's service in the current enlistment. The
respondent has 2 years and 8 months of military service. His current enlistment
began on 21 Jan 94 for a term of 4 years. The respondent has received one EPR
with an overall rating of 4. LAW AFI 36-3208, paragraph 5.50.2, the service of an
airman discharged by notification procedure for misconduct can be characterized as
honorable or general. A general characterization is warranted when an airman's
service has been honest and faithful, but significant negative aspects of the
airman's conduct or performance of duty outweigh positive aspects of the airman's
military record. In this case, the instances of misconduct in the current enlistment

2
ct (OZOO 2~ OWS

cited as the basis for discharge constitute significant negative aspects of the
respondent's service. The respondent's commander recommends a general
discharge based on that misconduct. I agree.

7. PROBATION AND REHABILITATION: Under AFI 36-3208, Chapter 7, the
member is entitled to have probation and rehabilitation (P&R) considered by the
discharge authority. P&R includes ordering a discharge and then suspending it
until the member has successfully completed a period of P&R. The respondent's
gommander does not recommend P&R because previous rehabilitation efforts,
including verbal counseling, a Letter of Counseling, three Letters of Reprimand,
creation of an Unfavorable Information File, two Article 15s, and vacation of
suspended nonjudicial punishment have failed to alter the respondent's behavior.

8. BARMENT: I believe that the type of misconduct found in this case merits
barment.

9. ACTIONS WHICH MAY BE TAKEN: As the discharge authority, you have the
following options:

a. Direct that the respondent be retained in the United States Air Force;

b. Forward the case file to 3 AF/CC, recommending that the respondent be
separated from the Air Forcé with an honorable discharge, with or without P&R;

c. Direct that the respondent be separated from the Air Force with a general
discharge, with or without P&R; or,

d. Return the case file to the unit for processing as an administrative discharge
board case. This would permit a service characterization of UOTHC.

10. RECOMMENDATION: Direct that the respondent be separated from the Air
Force with a general discharge, without P&R, by signing at Attachment 1.

ae a |

  

Attachments:
1. Proposed Memo for 86 AW/CC

2. Discharge Package
£7 2002~ OS

DEPARTMENT OF THE AIR FORCE
86TH AIRLIFT WING (USAFE)

 

 

FROM: 786 CS/CC

SUBJECT: Notification Memorandum

1. Iam recommending your discharge from the United States Air Force for a pattern of
misconduct, conduct prejudicial to good order.and discipline. The authority is AFPD
36-32 and AFI 36-3208, Section H, paragraph 5.50.2. If my recommendation is
approved, your service will be characterized as honorable or general. I am
recommending that your service be characterized as general.

2. My reasons for this action are that:

a. You did, on or about 1 Sep 96, physically control a car while drunk. For this
action, you received nonjudicial punishment on 16 Sep 96 (Atch la). This Article 15
was filed in your Unfavorable Information File (UIF) on 17 Sep 96.

b. You did, on or about 23 Aug 96, attempt to steal the refund for a keg and tap, ofa
value of $71.00, from AAFES. For this action, your suspended nonjudicial punishment
was vacated on 9 Sep 96 (Atch Ib).

c. You did, on or about 2 Aug 96, fail to report for duty at the appointed time, and
on or about 31 Jul 96, were derelict in the performance of your duties in that you failed

to remain awake, For these actions, you received nonjudicial punishment on 20 Aug 96
(Atchlc). This Article 15 was filed in your UIF on 29 Aug 96.

d. You did, on or about 20 May 96, fail to report for duty at the appointed time. For
this failure, you received a Letter of Reprimand (LOR) on 20 May 96 (Atch 1d) and a
UIF was established, This LOR was filed in your UIF on 3 Jun 96.

e. You did, on or about 28 Feb 96, fail to report for duty at the appointed time. For
this failure, you received an LOR on 28 Feb 96 (Atch 1f) and an individual counseling
‘on 4 Mar 96 (Atch le).
FO 2 002-OY 1S

f. You did, on or about 14 Feb 96, fail to report for duty at the appointed time. For
this failure, you received a verbal counseling (Atch 1g).

g. You did, on or about 23 Jan 96, operate your stereo at a volume level that
disturbed a dorm resident on another floor despite previous verbal counseling. For this
action, you received a verbal counseling (Atch 1h).

h. You did, on or about 11 Feb 95, engage in under age drinking. For this action,
you received an LOR on 15 Feb 95 (Atch 1) and a UIF was established.
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 higher authority, will decide whether you will be discharged or retained
in the United States 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
United States Air Force, and any special pay, bonus, or education assistance funds you
have received may be subject to recoupment.

4. You have the right to consult counsel. Military legal counsel has b obtained to
assist you. I have made an appointment for you to consult wit

Area Defense Counsel at Building 2111, DSN 480-2182/2492 on 23 Sep 96 at 1100. You
may consult civilian counsel at your own expense. The Area Defense Counsel requests
that you stop by their office prior to your appointment to pick-up the Administrative
Discharge Booklet.

wa

5. You have the right to submit statements in your behalf. Any statements you want

the separation authority to consider must reach me NLT (8 duty days) aed ee
4s3c\_ hours 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 submit statements in your behalf, your failure will
constitute a waiver of your right to do so.

7. You have been scheduled for a medical examination. You must report in uniform
with your medical records and an escort to the base clinic, Physical Exams in Building
2182 on 23 Sep 96 at 1300 for the examination. If you wear glasses, you must bring
‘them with you. If you wear contacts, you must be able to remove them. You must
abstain from alcohol 72 hours, fast 12 hours, and abstain from caffeine and nicotine 10
hours prior to your appointment.
572002 ~OWS

' §. 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 the orderly room.

  

Attachments:

1. Supporting Documents
a. AF Form 3070, Record of Nonjudicial Punishment Proceedings, dated 17 Sep 96

b. AF Form 866, Record of Proceedings of Vacation on Nonjudicial Punishment,

dated 9 Sep 96
c. AF Form 3070, Record of Nonjudicial Punishment Proceedings, dated 20 Aug 96

w/ atch, UIF Action, and response
d. LOR, dated 20 May 96 w/ response and UIF Action
e. AF Form 174, Record of Individual Counseling, dated 4 Mar 96
f, LOR, dated 28 Feb 96 .
g. Memorandum for Record (MFR), dated 14 Feb 96
h. MFR, dated 24 Jan 96 “
i. LOR, dated 15 Feb 95 w/ response
2. Other Derogatory Information:
a. Memorandum, dated 17 May 95
3. Airman’s Receipt of Notification Memorandum