AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

 

L _
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
eee: AMN | engi:
PERSONAL APPEARANCE X RECORD REVIEW
NAME OF COUNSEL AND GR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

 

MEMBERS SITTING

   

 

 

 

 

 

 

 

 

 

 

 

   

iy ERMIENTS SUBMITTED TO THE BOARD
ORDER APPOINTING THE BOARD

ISSUES INDEX NUMBER

A93.01, A93.19 A67.50

 

 

LETTER OF NOTIFICATION

 

 

Doe.
1
2 | APPLICATION FOR REVIEW OF DISCHARGE
3
4

 

 

HEARING DATE CASE NUMBER BRIEF OF PERSONNEL FILE

28 MAR 03 ¥D2002-0450 | | COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

EEN TON BIE GRLARTENTE

 

 

 

Case heard at Washington, D.C,

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to
submit an application to the AFBCMR.

 

 

SIGNATURE OF RECORDER SIGNATURK OF BOARD PRESIDENT

ee amie

   

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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 FD02-0450

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

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, change in Reason and Authority, and change to the RE Code 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 states the record is in error or unjust because his ability to serve was impaired by his
youth and immaturity. He states that he had problems coping with social acceptability. The record
indicates the applicant received an Article 15 for willfully violating curfew and was smoking in an
unauthorized area and therefore, failed to adhere to the phase program. In addition, he also received three
Letters of Reprimand for violation of curfew restrictions, walking with his hands in his pockets and
displaying a bad attitude, and for having a physical altercation with another airman and being drunk and
disorderly. And, he received 10 AETC Forms 341 and one Letter of Counseling for failing his dorm room
inspection (8 times), needed a haircut, and violated security standards. The applicant contends that he
should not be penalized for a mistake he made when young. The DRB recognized the applicant was 22
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
misconduct was a significant departure from conduct expected of all military members. The Board found
no evidence of impropriety or inequity in this case on which to base an upgrade of discharge and that the
characterization of the discharge received by the applicant was found to be appropriate.

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
‘ FD2002-0450
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

naan Nati: (Former AMN) (HGH AMN)
1. MATTER UNDER REVIEW: Appl rec'd a GEN Disch fr USAF 4 AUG 00 UP AFI 36-3208,
para 5.49 (Misconduct - Minor Disciplinary Infractions). Appeals for Honorable
Discharge, to Change the RE Code, and to Change the Reason and Authority for
Disch.

2. BACKGROUND:

a. DOB: 27 Apr 78. Enlmt Age: 21 2/12. Disch Age: 22 3/12. Educ: HS DIPL.
AFQT: N/A. A-37, E-50, G-48, M-20. PAFSC: 3E711 - Student. DAS: 22 Nov 99.

b. Prior Sv: (1) AFRes 14 Jul 99 - 5 Oct 99 (2 months 22 days) (Inactive).
3. SERVICE UNDER REVIEW:

a. Enlisted as AB 6 Oct 99 for 4 yrs. Svd: 0 Yrs 10 Mos 0 Das, alli AMS.

b. Grade Status: AMN - 6 MAY 00

c. Time Lost: None.

d. Art 15’s: (1) 24 May 00, Goodfellow AFB, TX - Article 92. You, who
knew or should have known of your duties, on or about 30
Apr 00, were derelict in the performance of those duties
in that you willfully violated curfew and were smoking
in an unauthorized area and therefore, failed to adhere
to the phase program, as it was your duty to do.
Forfeiture of $300 pay and 20 days extra duty.
(No appeal) (No mitigation)

e. Additional: LOR, 23 MAY 00 - Violation of curfew restrictions.
AETC 341, 20 MAR 00 - Failed room inspection.
AETC 341, 17 MAR 00 - Failed room inspection.
LOR, 07 MAR 00 - Physical altercation with another airman;
drunk and disorderly conduct.
AETC 341, 17 FEB 00 - Failure to have flashlight after
darkness.
AETC 341, 17 FEB 00 - Violation of security standards
AETC 341, 27 JAN 00 - Failed dorm room inspection.
LOC, 27 JAN 00 - Failed dorm room inspection.
LOR, 24 JAN 00 - Walking with hands in pockets and
displaying a bad attitude.
AETC 341, 14 JAN 00 - Failed dorm room inspection.
AETC 341, 06 JAN 00 - Failed dorm room inspection.
AETC 341, 04 JAN 00 - Need of haircut and broken button
during an open ranks inspection.
FD2002-0450

AETC 341, 03 DEC 00 - Failed dorm room inspection.
AETC 341, 23 NOV 99 - Failed dorm room inspection.

ff. CM: None.

g. Record of SV: None.

(Discharged from Goodfellow AFB)

h. Awards & Decs: AFTR.

i. Stmt of Sv: TMS: (1) Yrs (0) Mos (22) Das
TAMS: (0) Yrs (10) Mos (0) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 17 Oct 02.
(Change Discharge to Honorable, Change the RE Code, and Change the Reason

and Authority for Discharge)

ISSUES ATTACHED TO BRIEF.

ATCH

1. Applicant's Issues.

2. DD Porm 214.

3. Criminal History Report.
4. Two Letters of Support.

277AN03/ia
PDPRERL- OF FO

  

#8 continued

5. Personal problems impaired my ability to
serve. When I entered the military, it was the
first time in my life I had to deal with so many
different personalities on a 24 hour basis. I
turned to alcohol and smoking cigarettes to
cope which only made things worse.

6. My use of alcohol impaired my ability to
serve. Clearly, I had an addictive personality
when it came to alcohol. I spent a lot of my
money at the bar. I have learned to overcome
this and smoking cigarettes by a strict regimen
of workout and meditation.

7. 1 tried to serve and wanted to, but just
couldn’t at the time. I truly had my heart into
serving. [ wanted to be there. When I received
an Article 15, I was asked to respond. I went to
the Base Legal Aid office and they

recommended I write a letter to ask to be
discharged. At the time, I was still drinking too ,
much and in an unclear state of mind; I

decided to sacrifice my career and life. Now
that I have been out for two years, I realize how
grave a mistake I have made. I have let down
myself and my country, and if given the
opportunity to correct it, I will not fail.
7. SUPPORTING DOCUMENTS (X as applicable) (Please print name and social security number on each document.)
P| 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 if more space is needed.)

a. DOCUMENT 1:
Police Clearance

b. DOCUMENT 2:

Letter from aE...

c. DOCUMENT 3:
Letter fromg

8 ISSUES

The Board will consider any issue submitted by you prior to closing the case for deliberation. The Board also will 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 concer 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.

   
 

  
 
      
      
    
        
 

a

  

     
  
      
 
     
   
   
   
  
      

I_ believe the record to be in error or unjust in the follo ge par
1. I received letters of recommendation. I received letters from several

™ Lor whom I have the highest respect. i

At ed i
character and my willingness to serve. M who served as an Arm

Aviator, has also written a letter on my behalf whi i a

     
 

    

eople tneludin

 

 

2. I have been a good citizen since discharge. I have continuously held a job. paying all

my bills and staying out of trouble. Please see
;

 

 

3. My record of NIPs/Article 15s indicates only minor or isolated fens

 

   
  

              
     
      
     
      
   
    
    
       
   
  

4. My ability to serve was impaired by my youth and immaturity. I

with social acceptability. T sacrificed my life
and career to be socially accepted and would like another chance to do things

differently. Thinking about the events of the past year has made me realize that if

I was still in the military I could be doing my part to guard and protect my famil
and my country.

 

 

 

 

 

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

| PREVIOUSLY SUBMITTED AN APPLICATION ON (Enter date)
AND AM COMPLETING THIS FORM IN ORDER TO SUBMIT ADDITIONAL ISSUES.

THE ABOVE ISSUES SUPERSEDE ALL PREVIOUSLY SUBMITTED.

   

9. CERTIFICATION

| make the foregoing statements as part of my application with full knowledge of the penalties involved for willfully making a false statement (U.S.Code, Title 16, Section 1001, provides that an
individual shall be fined under this title of imprisoned not more than 5 years, or both)

a. DATE (YYYYMMDD)

ik

    
 
      
     
    

20021017 Sane

UPON COMPLETION, MAIL THIS APPLICATION TO APPLICABLE ADDRESS BELOW
ARMY ———~—~——_sS&Y_NAVY'& MARINE CORPS AIR FORCE COAST GUARD

Army Review Boards Agency Naval Council of Personnel Boards | SAF/MIBR Commandant (WPM-60)
Support Division, St. Louis Bldg. 36 - Washington Navy Yard 550-C Street West, Suite 40 U.S. Coast Guard Headquarters
ATTN: SFMR-RBR-SL 901 M Street, S.E. Randolph AFB, TX 76150-4742 Washington, DC 20593-0001

9700 Page Avenue Washington, DC 20374-5023
St. Louis, MO 63132-5200

   
   
   

  
  
   
   

   
  

 
   
  
   
   
 

    

 

Page 2 of 2 Pages

DD FORM 293, DEC 2000
- Ep zeaz- 9 ¥S°

DEPARTMENT OF THE AIR FORCE
AIR EDUCATION AND TRAINING COMMAND

 

16 JUN 2000

 

MEMORANDUM FOR
FROM: 312 TRS/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 or general and you
will be ineligible for reenlistnient in the Air Force. I am recommending that your service be
characterized as general.

2. My reasons for this action are:

a. On 23 Nov 99, you failed a dorm room inspection. This is a violation of the Phase
Program. For this, you received an AETC Form 341.

b. On 3 Dec 99, you failed a dorm room inspection. For this, you received an AETC Form
341.

c. On 4 Jan 00, you were found in need of a haircut and a broken button during an open
ranks inspection. For this, you received an AETC Form 341.

d. On 6 Jan 00, you failed a dorm room inspection. This is a violation of the Phase Program.
For this, you received an AETC Form 341.

e. On 14 Jan 00, you failed a dorm room inspection. This is a violation of the Phase
Program. For this, you received an AETC Form 341.

f. On 24 Jan 00, you were observed walking with your hands in your pocket and displaying a
bad attitude. This is in violation of Article 92 of the UCMM and AETCI 36-2216, Administration
of Military Standards and Discipline. For this, you received a Letter of Reprimand on 24 Jan 00.

g. On 27 Jan 00, you failed a dorm room inspection. For this you received a letter of _
counseling on 27 Jan 00. be

h. On 8 Feb 00, you were found in violation of security standard by leaving your door
insecure. For this, you received an AETC Form 341.

i, On 17 Feb 00, you failed to have a flashlight during the hours of darkness. For this, you
received an AETC Form 341.
~ : — FD 200e2- OFIO

j. On 25 Feb 00, you were involved in a physical altercation with another airman, while
displaying drunk and disorderly conduct, which resulted in physical injury to yourself. For this
you received a Letter of Reprimand on 7 Mar 00.

1. On 17 Mar 00, you failed a dorm room inspection. This is a violation of the Phase
Program. For this, you received an AETC Form 341.

m. On 20 Mar 00, you failed a dorm room inspection. This is a violation of the Phase
Program. For this you received an AETC Form 341.

n. On 30 Apr 00, you were found to be in violation of curfew and were smoking in an
unauthorized area. These are violations of the Phase Program. For these infractions you
received an AF Form 3070, (Article 15) on 17 May 00.

1

o. On21 May 00, you were found to be in violation of curfew You were in violation of the
Phase Program. For this you received a Letter of Reprimand on 23 May 00.

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.

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 witha iiawe.Tinker Air Force
Base, OK, Area Defense Counsel on 19 Jun 00 at 1400 hours in Bldg 308. 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 by#t {Ww at O460_ 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 the Physical Exams
Section of the clinic on 20 Jun 00 at 1500 hours 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 Unit Orderly Room.

*

    

Met Col, USAF

Commander
Attachments:

SS AM SPY eS

9.

Airman’s receipt of notification memorandum
AETC Form 341, dated 23 Nov 99
AETC Form 341, dated 3 Dec 99
AETC Form 341, dated 4 Jan 00
AETC Form 341, dated 6 Jan 00
AETC Form 341, dated 14 Jan 00
Letter of Reprimand, dated 24 Jan 00
Letter of Counseling, dated 27 Jan 00
AETC Form 341, dated 8 Feb 00
AETC Form 341, dated 17 Feb 00
Letter of Reprimand, dated 7 Mar 00

10. AETC Form 341, dated 17 Mar 00

11. AETC Form 341, dated 20 Mar 00

12. AETC Form 3070 (Article 15), dated 17 May 00
13. Letter of Reprimand, dated 23 May 00

fPZ2O4 - OFSP