AIR FORCE DISCHARGE REVIEW BOARD IIEARING RECORD 

MEMBERS SITT 

ISSUES 
A92.37,  A67.01, A94.53 

INDEX NUMBER 
A67.110 

HEAKING  DATE 
03-04-21 

SASE NUMBER 
FD2002-0427 

X 
X 

X 

EXHIBlTS SUBMITTED 'NI THE BoARl'I 

1  ORDER APPOINTING THE BOARD 
2  APPLICATION FOR REVIEW OF DISCHARGE 
3 
LETTER OF NOTIFICATION 
4  BRTEF OF PERSONNEL FILE 

COUNSEL'S RELEASE TO THE BOARD 

APPbICAIWS ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DlSCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIE~~"'BOARD DECISION&  RATIONALE 

ADDITIONAL FXHIBITS SUBMITTED AT  TIME OF 
PERSONAL APPEARANCE 

TAPE RECORDING OF PERSONAL A P P E W C E  HEARING 

REMARKS 

Case heard at Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal appearance withtwithout counsel, and the right to 
submit an application to the AFBC'MR. 

TO: 

SAFIMIBR  w 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78 150-4742 

MDORSEMFNr 

I FROM: 

I 

DATE: 03-04-23 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR, EE WING, 3RD FLOOR 
ANDREWS AFB, MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used. 

AIR FORCE DISCTIARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FDZ002-042, 

GENERAL:  The  applicant  appeals  for  upgrade  of  discharge  to  honorable,  to  change  the  reason  and 
authority for his discharge, and to change his reenlistment code. 

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  reason  and  authority  for  the  discharge,  and  change  of 
reenlistment code are denied. 

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

Issues.  Applicant was discharged  for minor disciplinary infractions.  He had two Articles  15, a Letter of 
Reprimand,  and  nine  negative  AETC  Forms  341,  "Excellence/Discrepancy  Report,"  His  misconduct 
included several instances of failure to go, two offenses of sleeping in class, two instances of using indecent 
language,  loss  of  military  bearing,  and  repeated  failure  to  obey  orders.  At  the  time  of the  discharge, 
member consulted counsel and submitted a statement in his own behalf in which he asked to be retained and 
apologized for his actions.  The Board noted member did not dispute the occurrence of the infractions, and 
was  given  several  opportunities  to  correct  his  behavior  but  was  either  unwilling  or  unable  to  do  so. 
Member was the same age as other airmen who  successfully complete their terms of service without  any 
disciplinary infractions, and there was no evidence member didn't know right from wrong or was immature. 
Because he was  responsible  for his  actions  he  was  held  accountable  for  them.  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 

DEPARTMENT OF THE AIR  FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB,  MD 

(Former AMN)  (HGH AlC) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF 18 Sun 02 UP AFI 36- 
3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions),  Appeals for 
Honorable Discharge, and Change to Reentry Code, Reason and Authority. 

2 .   BACKGROUND: 

a. DOB: 14 Aug 83. Enlmt Age: 17 1/12.  Disch Age: 18 10/12. Educ: HS DIPL. 

AFQT: N/A.  A-74,  E-71,  G-68, M-49. PAFSC: 2Elll - Satellite Wideband 
Communications Systems. DAS: 15 Oct 01. 

b.  Prior S v :   (1) AFRes 29 Sep 00 -  20 Jun 01 ( 8   Mos 23 Days)(Inactive). 

3 .   SERVICE UNDER  REVIEW: 

a.  Enld as AB 21 Jun 01 for 6 yrs. Svd: 0 Yrs I1 Mos 29 Das, all AMS. 

b.  Grade Status:  AMN  -  5 Apr 02 (Vacation of Article 15, 30 Apr 02) 

A1C  -  2 4   A u ~  01 

c.  Time Lost:  None 

d .   Art 15's:  (1) 30 Apr 02, Vacation, Fort Gordon, GA  -  Article 92. You, 
who knew of your duties at or near Fort Gordon, Georgia, 
between on or about 9 Mar 02, were derelict in the 
performance of those duties in that your willfully 
failed to refrain from falling asleep in class, as it 
was your duty to do.  Article 134.  You, did, on or 
about 17 Apr 02, orally communicate to Airman - - - - ,  
certain indecent language, to wit: "Shut the fuck up 
mother fucker." Reduction to the grade of AMN. 
(No appeal) (No mitigation) 

( 2 )   5 Apr 02, Fort Gordon, GA -  Article 86 -  You, did, on 
or about 11 Feb 02, without authority, fail to go at the 
time prescribed to your appointed place of duty.  You, 
did, on or about 13 Feb 02, without authority, fail to 
go at the time prescribed to your appointed place of 
duty.  You, did,, on or about 14 Mar 02, without 
authority, fail to go at the time prescribed to your 
appointed place of duty.  You, did, on or about 29 Mar 
02, without authority, fail to go at the time prescribed 
to your appointed place of duty. Suspended reduction to 
the grade of AMN, and forfeiture of $289.00 pay. 
(No appeal)  (No mitigation) 

e.  Additional: AETC FM 341, 0 2   MAY 0 2   -  Failure t o  report for formation. 

AETC FM 341, 17 APR 02 -  Indecent language. 
AETC Fm 341, 02 Apr 02 -  Late for formation. 
AETC FM 341, 29 MaR  0 2   -  Marching with expired waiver in 

waiver flight and not in 
possession of waiver. 

AETC FM 341, 29 MAR 02 -  Missed mandatory formation. 
AETC FM 341, 29 MAR 02 -  Loss of military bearing. 
AETC FM 341, 19 MAR  02 -  Late for formation. 
AETC FM 341.  14 MAR  02 -  Missed formation and late for PC 
AETC FM 341, 09 MAR  02 -  Sleeping in class 
LOR, 22 FEB 02 -  Repeated failure to obey orders. 

f .   CM:  None. 

g.  Record of SV: None. 

(Discharged from Shaw AFB) 

h,  Awards &  Decs:  AFTR, NDSM. 

i.  Stmt of Sv:  TMS: (1) Yr  ( 8 )   Mos  (21) Das 
TAMS: ( 0 )   Yr  (11) Mos  ( 2 9 )   Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 2 9 3 )   dtd 1 9  Aug  02. 

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

Authority) 

Issue:  I would  (sic) to have my discharge reviewed to see if I can receive 

a re-entry code upgrade so that can (sic) finish serving my country in the 
United States Navy. 

ATCW 
1. Applicant's Comments. 

DEPARTMENT OF THE AIR FORCE 
AIR EDUCATION AND TRAINING  COMMAND 

MEMORANDUM FOR 0 
L 
FROM:  DET 1,338 TRS/CC 

SUBJECT:  ~otification Memorandum 

May 1 5,2002 

1.  I am recommending your discharge f?om the United States Air Force for minor disciplinaq 
infractions.  The authority for this action is AFPD 36-32 and AFI 36-3208, Chapter 5, Section H, 
paragraph 5.49.  Lf my recommendation is approved, your discharge will be described as 
honorable or general.  I am recommending that your service be characterized as general. 

2.  My reasons for this action are: 

a.  On 30 Apr 02, your Article 15, UCW, suspended punishment was vacated for the following 

inhtions: 

i.  Between on or about 9 Mar 02, and 9 Apr 02, you were derelict in the performance of your 

duties by falling asleep in class.  (Atch 1, Appendix A wlatchs) 

ii.  On or about 17 Apr 02, you orally communicated to Airm 

language, to wit:  "Shut the fuck up mother fucker."  (Atch 1, 

ertain indecent 

b.  On 5 Apr 02, you received Article 15, UCMJ, punishment for the following inktions: 

i.  On 11 Feb 02, you failed to go at the time prescribed to your appointed place of duty, to 

wit:  mandatory formation at Building 25702.  (Atch 1, Appendix B wlatchs) 

ii,  On 13 Feb 02, you failed to go at the time prescribed to your appointed place of duty, to 

wit:  mandatory formation at Building 25702.  (Atch 1, Appendix B wlatchs) 

iii.  On 14 Mar 02, you failed to go at the time prescribed to your appointed place of duty, to 

wit:  mandatory formation at Building 25702.  (Atch 1, Appendix B wlatchs) 

iv.  On 29 Mar 02, you failed to go at the time prescribed to your appointed place of duty, to 

wit:  mandatory formation at Building 25702.  (Atch 1, Appendix I3 wlatchs) 

c.  On 2 Apr 02, you were late to formation as noted by A1C Hartson on AETC Form 341, dated 

2 Apr 02.  (Atch 1, Appendix C) 

d.  On 29 Mar 02, you marched in the waiver flight with an expired waiver as noted by ~ 1 -  

on AETC Form 341, dated 29 Mar 02.  (Atch 1, Appendix D) 

e.  On 29 Mar 02, you failed to obtain your military bearing by slamming a door as noted by SSgt 

AETC Form 341, dated 29 Mar 02. (Atch 1, Appendix E) 

n 

f On 19 Mar 02, you were late to formation as noted b H ( I I I ) D n   AETC Form 341, 

,gated 19 Mar 02.  (Atch 1, Appendix F) 

g.  On 22 Feb 02, you received a Letter of Reprimand for the following infractions: 

i.  On 14 Feb 02, after being directed to report to the dental clinic b 
to return to the dental clinic for a later appointment as directed by dental c 
Appendix G wlatchs) 

ii.  On or about 19 Feb 02, you failed to perform your clean up as instructed b 

and you were observed marching in formation while holding a cup.  (Atch 1, Appendix G wlatchs) 

iii.  On or about 20 Feb 02, you failed to maintain your room as prescribed by the 
(Atch 1, Appendix G wlatchs) 

2d Air Force Phase Program as noted b-. 

h.  On 2 May 02, you failed to report to the 1530 hours formation as noted b 

on ATEC Form 341, dated 2 May 02.  (Atch 1, Appendix H) 

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 higher 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.  Any special pay, bonuses, or education assistance funds may be 
subject to recoupment. 

4.  You have the right to consult legal counsel.  Military legal counsel is available to assist you. 
You can call the Keesler ADC at DSN 597-2429.  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 by 2 0 /n,q  v-  o Z  by 1630 horn 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 report to Connelly Clinic, 
Physical Exams, room 108 on /7mfir 

.ZOO2  at 06:30 hours for the examination. 

You must report in PT gear, have your medical records, and take your glasses if you wear them. 
No contact lenses.  You are to have nothing but water from 19:OO hours the evening prior. 

8.  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 Bldg 25 702, CQ. 

9.  &cute 

the attached acknowledgment and return it to me immediately. 

Attachments: 
1.  Supporting Documents 

a.  AF Form 366, dated 30 Apr 02 wlatchs 
b.  AF Form 3070, dated 7 Feb 02 w/atchs 
c.  AETC Form 341, dated 2 Apr 02 
d.  AETC Form 34 1, dated 29 Mar 02; 
e,  AETC Form 341, dated 29 Mar 02; 
f. AETC Form 341, dated 19 Mar 02 
g,  Letter of Reprimand, dated 22 Feb 02 wlatchs 
h.  AETC Form 341, dated 2 May 02 

2.  Airman's Receipt of Notification Memorandum 
3.  Airman's  Statement 
4.  Medical Examination 

ATCH 1