AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

 

 

 

 

 

 

 

 

MEMBERS SITTING

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
| aan AlC —| aaa
TYPE
GEN X PERSONAL APPEARANCE RECORD REVIEW
COUNSEL NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
YES NO
x

“TWO ORAEROARE

OTHER

 

 

HON GEN VOTHC

 

 

 

 

 

 

 

   
 

INDEX NUMBER
A67.10

ISSUES

A93.15, A93.33, 494.05,
A94,11

  

 

CASE NUMBER

FD2002-0436

HEARING DATE

13 MAY 03

 

REMARKS

Case heard at Andrews AFB, MD.

INDORSEMENT

 

 

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

 

AFHQ FORM 0-2077, JAN 00

 
  
 
   
 

APPLICANT'S ISSUE AND THE BOARD'S: DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW. BOARD DECISIONAL RATIONALE. ©

 

Advise applicant of the decision of the Board and his right to appeal to the Board for Correction of Military Records.

    

 

 

(EF-V2)

 

 

 

 

 

 

 

 

 

EXHIBULS SUBMITTED TO THE BOARD
ORDER APPOINTING THE BOARD

APPLICATION FOR REVIEW OF DISCHARGE

 

  

 

LETTER OF NOTIFICATION

BRIEF OF PERSONNEL FILE

COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

  
 

1
2
3.
4

 

 

 

 

 

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

SIGNATURE OF BOARD PRESIDENT

  

DATE:/30'MAY 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

 

Previous edition will be used.
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | gy9909-0436

GENERAL: The applicant appeals for upgrade of discharge to Honorable and for a change in the RE Code
and the Reason and Authority for discharge.

The applicant’s case was considered by the Discharge Review Board (DRB), at Andrews AFB, MD, on
May 13, 2003. The applicant appeared before the DRB without counsel. The following additional exhibits
were submitted at the hearing: Exhibit 5: Applicant’s Contentions; Exhibit 6: Physical Profile Serial Report

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

FINDINGS: The DRB denies the requested relief. The DRB finds that the evidence of record and that
provided by the applicant does not substantiate an inequity or an impropriety justifying an upgrade of the
discharge, a change to the RE Code, or a change in the Reason and Authority for the discharge.

ISSUES: The applicant was discharged with a General service characterization from the Air Force for
misconduct or, more specifically, minor disciplinary infractions. He had three letters of reprimand: one for
dereliction of duty related to his failure to perform duties he had been directed to perform; one for assault
and harassment concerning his attempt to force another airman to give him $20 and then pushing him to the
ground when the airman refused; and one for failing his dormitory room inspection despite being given an
opportunity to clean the room to avoid failing the inspection. He has one letter of counseling for failure to
follow orders to bring his identification to the unit sweep urinalysis as he was required to do. He also has
one Article 15 for dereliction of duty in connection with his failure to perform his bay orderly duties and for
sleeping while on duty. The applicant raised three issues. He complained that the discharge action was too
harsh, that he had been singled out for unfair treatment and received improper training, and that he was the
victim of racial discrimination.

CONCLUSIONS: The Discharge Review Board (DRB) concluded that none of the issues have merit.

At the outset, it should be noted that the DRB found absolutely no evidence of racial discrimination by any
member of the Air Force. The applicant provided no evidence of discrimination and could not provide an
explanation concerning his perception in this regard. While there may have been animosity on the part of
the applicant’s command, that appears to have been the product of factors other than racial discrimination —
for example, repeated behavioral problems. There is also no indication the applicant was singled out for
unfair treatment, subject to overly harsh punishment, or improperly trained regarding the standards expected
of him. According to the record, the command took repeated disciplinary action against him only because
he repeatedly engaged in misconduct. The actions taken were proportional responses to the misconduct in
which the applicant engaged. The applicant attempted to minimize his misconduct by providing
descriptions of the various events that made the applicant’s actions appear to be significantly less serious
(and in some cases, completely different) than the records indicate. The DRB was not convinced by the
applicant’s testimony, finding it to be inherently improbable, internally inconsistent, and contradictory. For
example, the applicant testified that rather than attempting to force the airmen to give him $20, he asked the
airman-—a person he barely knew—if he could “hold” $20. Crediting the facts as set forth in the record, the
DRB found no inequity or impropriety in the disciplinary actions taken or in the discharge action.

Having found no inequity or impropriety, the DRB declines to upgrade the discharge or change any other
aspect of the applicant’s record. The requested relief is denied.

Attachment:
Examiner's Brief
FD2002-0436
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

as (Former A1C) (HGH A1C)

1. MATTER UNDER REVIEW: Appl rec'd a GEN Disch fr USAF 28 FEB 02 UP AFI 36-

3208, para 5.49 (Misconduct ~ Minor Disciplinary Infractions). Appeals for
Honorable Disch.

2. BACKGROUND:

a. DOB: 29 Nov 81. Enlmt Age: 18 4/12. Disch Age: 20 2/12. Educ: HS DIPL.
AFOT: N/A. A-40, E-31, G-48, M-28. PAFSC: 4P031 - Pharmacy Apprentice.
DAS: 3 Jan Ol.

b. Prior Sv: None.
3. SERVICE UNDER REVIEW:

a. Enlisted as AB 29 Mar 00 for 6 yrs. Svd: 1 Yrs 11 Mo 0 Das, all AMS.
b. Grade Status: Al1C - 12 May 00
c. Time Lost: None.

d. Art 15’s: (1) 27 Jun 01, Wright-Patterson AFB, OH - Article 92. You,
who knew of your duties, on or about 12 Jun 01, were
derelict in the performance of those duties in that you
negligently failed to complete your bay orderly duties
in the correct manner, as it was your duty to do, and
instead were found asleep in your dorm room. Forfeiture
of $161.96 pay, 7 days extra duty, and a reprimand.

(No appeal) (No mitigation)

e. Additional: LOR, 13 DEC 01 - Dereliction of duty.
LOR, 10 DEC 01 - Assault and harassment.
LOR, 01 JUN 01 - Failed dormitory room inspection.
LOC, 10 MAY O01 - Failure to follow orders.
DD1408, 16 MAR 01 - Traffic ticket for speeding.
DD1i408, 10 MAR 01 - Traffic ticket for speeding.

£. CM: None.

g. Record of SV: None.

(Discharged from Wright-Patterson AFB)

h. Awards & Decs: AFTR.

i. Stmt of Sv: TMS: (1) Yrs (11) Mos (0) Das
FD2002-0436
TAMS: (1) Yrs (11) Mos (0) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 9 Oct 02.
(Change Discharge to Honorable)

ISSUES ATTACHED TO BRIEF.

ATCH
1. Applicant's Issues.
2. Physical Profile Serial Report.

21JAN03/ia
FD2Z002-dV3¢

7. SUPPORTING DOCUMENTS (X as applicable) (Please print name and Social Security Number on each document.)

     

|| WILL NOT BE SUBMITTED. PLEASE COMPLETE REVIEW BASED ON AVAILABLE SERVICE RECORDS.

   
    
 

ARE LISTED BELOW AND ARE ATTACHED TO THIS APPLICATION: (Continue on a plain sheet of paper i more space is needed.)

   

   
 

The Board will consider any issue submitted by you prior to closing the case for deWberation. The Board will atso review the case to
determine whether there are any issues that provide a basis for upgrading your discharge. However, the Board Is not required to respond in
writing to Issues of concern to you unless those issues are listed or incorporated by specific reference below. Carefully read the instructions
that pertain to Block 8 prior to completing this part of the application. if you need more space, submit additional issues on an attachment.

       
     
    
   

          
  
 

     
  

 
     
   
  
   
    
    

     

 
    
  
  
  
  

 
  

  

     
    
  
    
  
       

   
  
  
    
   
   

     
  

    
 

    
   
   

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| HAVE LISTED ADDITIONAL ISSUES AS AN ATTACHMENT TO THIS APPLICATION.

 
   
 
  

   

I PREVIOUSLY SUBMITTED AN APPLICATION ON (Enter dete)
AND AM COMPLETING THIS FORM IN ORDER TO SUBMIT ADDITIONAL ISSUES,

     
 

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9. CERTIFICATION i
| make the foregoing statements as part of my application with full knowledge of the penalties involved for willfully making a false

ee (U.S. Code, Title 18, Section 1001, vnavides that an individual shall be fined under this title or imprisoned not more than 5 years,
or

     
      
         
 
    
   

NAVY & MARINE CORPS

Naval Council of Personne! Boards
720 Kennon Street, 5.E.

Rm. 309 (NDRB)

Washington Navy Yard, DC
20374-5023

     

AIR FORCE COAST GUARD

   
    
   
 
  

 
   

    
   
 

SAF/MIBR Commandant (G-WPM)
550-C Street West, Suite 40 2100 Second Street, S.W.
Randolph AFB, TX 781504742 | Washington, DC 20593-0001

    
  
  

Support

ATTN: SFMR-RBR-SL
9700 Page Avenue
St. Louis, MO 63132-5200

(See http://arba.army.pentagon.mil)

DD FORM 293, DEC 2000

  

   

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DEPARTMENT OF THE AIR FORCE

74TH MEDICAL GROUP
WRIGHT-PATTERSON AIR FORCE BASE, OHIO

 

ABR OA

MEMORANDUM FOR gi

 

FROM: 74 MDSS/CC

SUBJECT: Notification Memorandum

1. [am 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. If my recommendation is approved, your service will be characterized as
honorable or under honorable conditions (general). I am recommending that your service be
characterized as under honorable conditions (general).

2. My reasons for this action are:

a. On 10 May 2001, you were notified to report to the medical center auditorium with your
Military ID card for a flight drug sweep. You failed to bring your Military ID or your medical
center badge, which are violations of Article 92, UCMJ and 74 MDGI 36-102 respectively. You
were also told to have your AFMC Command patch on your BDU uniform, a requirement of AFI
36-2903. For this incident you received a letter of counseling dated 10 May 2001.

   

b. On 31 May 20013 found your dormitory room to be
unacceptable during a random dormitory inspection. You were counseled regarding this incident
and told that your room would be re-inspected. Upon re-inspection, your room was still found to
be unacceptable. For this incident you received a letter of reprimand dated 1 June 2001.

c. On or about 12 June 2001, you were derelict in performing your bay orderly duties and
instead were found asleep in your dormitory room. For this incident you received Article 15
punishment on 27 June 2001, with forfeiture of $161.96 and 7 days extra duty. This Article 15
was entered into an Unfavorable Information File.

d. On or about 7 September 2001, you physically assaulted and harassed a fellow member of
the United States Air Force. For this incident you received a letter of reprimand dated 10
December 2001. This letter was added to your existing Unfavorable Information File.

e. On 7 December 2001, you were derelict in performing your duties at the outpatient
pharmacy by i to accomplish tasks involving the filling of controlled prescriptions when

told to do so by You also failed to obey the orders of @gelaligaianiina

Mee vaccine the performance of your pharmacy duties. For this incident you received a
letter of reprimand dated 13 December 2001. This letter was added to your existing Unfavorable
Information File.
» .

* fp 2002-05

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, 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 geen t the Area Defense Counsel’s
office, Building 199, Kittyhawk Area, Wright-Patterson AFB, OH, (937) 257-7841, on

{4 Feseo% atO7Bo__ 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 working days of your receipt of this
letter, unless you request and receive an extension for good cause shown. I will send your

statements 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 medica] examination. You must report to the 74th Medical
Group, Aerospace Medicine, Building 830, Wright-Patterson AFB, OH, at /3/S__ on
QO FekO@ for the examination.

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 the orderly room.

  

Commander, 74tky Medical Support Sq

 

Attachments:

Traffic Ticket

Letter of Counseling, 10 May 01
Letter of Reprimand, 1 Jun 01

Article 15, 27 Jun 01
Letter of Reprimand/UIFF w/atch, 10 Dec 01

Letter of Reprimand/UIF w/atch, 13 Dec 01
UIF Summary

ae VS. PP