AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

 

 

 

MEMBERS SITTING

AFSN/SSAN

   

 

  

X RECORD REVIEW

 

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

VOTE: OF THE BOARD

 

 

HON GEN VOTHC OTHER DENY

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ISSUES INDEX NUMBER

A95.00 A67.10

EXHIBITS SUBMITTED TO.THE BOARD
ORDER APPOINTING THE BOARD

 

 

APPLICATION FOR REVIEW OF DISCHARGE

 

LETTER OF NOTIFICATION

 

 

CASE NUMBER '

FD2002-0461

HEARING DATE

9 MAY 03

 
 
   

ele] wl =

BRIEF OF PERSONNEL FILE

 

COUNSEL’S RELEASE TO THE BOARD

 

 

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

 

 

 

 

 

APPLICANT'S 1SSUE 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

 

 

  

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

 

 

 

       

DATES 9 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

 

 

 

 

 

 

AFHQ FORM 0-2077, JAN 00 (EF-V2)

Previous edition will be used.
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | pyp9_9461

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 the applicant submitted no issues contesting the equity or propriety of the discharge,
and after a thorough review of the record, the Board was able to identify none that would justify a change of
discharge.

ISSUE: The applicant submitted no issues and requested that the review be completed based on the
available service record. The Board reviewed the entire record and found no evidence of impropriety or
inequity in this case on which to base an upgrade of discharge. The records indicated applicant had two
Article 15’s, one for being derelict in the performance of his duties in that he willfully failed to refrain from
drinking alcoholic beverages while he was assigned stand-by duties. The other was for failure to go and
derelict in the performance of his duties. He also received a Vacation action under the UCMJ and a Letter
of Reprimand and a Memorandum for Record for being disorderly and providing a false statement. The
DRB opined that through these administrative actions, the applicant had ample opportunities to change his
negative/repetitive behavior. The Board concluded the disciplinary infractions were a significant departure
from the 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.

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
FD2002-0461
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

2, (Former AB) (HGH A1C)

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 29 Mar 01 UP AFI 36-
3208, para 5.49 (Misconduct - Minor Disciplinary Infractions). Appeals for
Honorable Disch.

2. BACKGROUND:

a. DOB: 6 Jun 79. Enlmt Age: 19 2/12. Disch Age: 21 9/12. Educ: HS DIPL.
AFOT: N/A, A-83, E-64, G-57, M-54. PAFSC: 2W051 - Munitions System
- Journeyman. DAS: 15 Jan 99.

b. Prior Sv: (1) AFRes 28 Aug 98 - 8 Sep 98 (12 Days) (Inactive).
3. SERVICE UNDER REVIEW:
a. Enld as A1lC 9 Sep 98 for 4 yrs. Svd: 2 Yrs 6 Mos 21 Das, all AMS.

b. Grade Status: AB - 2 Mar O1 (Article 15, 2 Mar 01)
AMN - 24 Jul 00 (Vacation, Article 15, 29 Sep 00)

c. Time Lost: None.

d. Art 15's: (1) 2 Mar 01, Cannon AFB, NM - Article 86. You did, on or
about 27 Jan 01, without authority, fail to go at the
time prescribed to your appointed place of duty.

Article 92. You, who knew of your duties on or about 2
Feb 00, were derelict in the performance of those duties
in that you willfully failed to follow safety directives
prohibiting the movement of a universal ammunition
loader system with loose rounds in the toolbox and
rounds in the interface unit, as it was your duty to do.
Reduction to AB, and 14 days extra duty. (No appeal) No
mitigation)

(2) 29 Sep 00, Vacation, Cannon AFB, NM ~- Article 134. You
did, on or about 11 Sep 00, wrongfully communicate to
A1C ~+-----+- a threat to kill him. Reduction to AMN.
(No appeal) (No mitigation)

(3) 24 Jul 00, Cannon AFB, NM - Article 92. You, who knew
of your duties, between on or about 30 Jun 00 and on or
about 6 Jul 00, were derelict in the performance of
those duties in that you willfully failed to refrain
from drinking alcoholic beverages while you were
assigned stand-by duties for the Line Delivery Element,
as it was your duty to do. Suspended reduction to AMN,
e. Additional: LOR,

MFR,

ff. CM: None.

g. Record of SV:

FD2002-0461

14 days restriction, and 14 days extra duty.
(No appeal) (No mitigation)

13 DEC 99 - Disorderly conduct and providing a false

statement.
14 JUL 99 - Disorderly conduct.

9 Sep 98 - 15 Apr 00 Cannon AFB 5 (Dir by HAF)

16 Apr 00 - 26 Jan 01 Cannon AFB 3 = (Initial)

h. Awards & Decs:

(Discharged from Cannon AFB)

AFTR.,

1. Stmt of Sv: TMS: (2) Yrs (7) Mos (2) Das
TAMS: (2) Yrs (6) Mos (21) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 20 Oct 02.
(Change Discharge to Honorable)

NO ISSUES SUBMITTED.

ATCH
None.

3Feb03/er
“| FOL002- ou bf
DEPARTMENT OF THE AIR FORCE

HEADQUARTERS 27th FIGHTER WING (ACC)
CANNON AIR FORCE BASE NEW MEXICO

 

   

MEMORANDUM FOR ABj

FROM: 27 EMS/CC 7
MAD 22 EOI

SUBJECT: Notification Memorandum

1. I am recommending your discharge from the United States Air Force for misconduct,
specifically, 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. I am recommending that your service be characterized as
general.

2. My reasons for this action are:

»

a. On or about 2 Feb 01, you failed to follow safety directives prohibiting the movement of a
universal ammunition loader system with loose rounds in the toolbox and rounds in the interface
unit, as evidenced by an Article 15 action, dated 2 Mar 01. (Atch 1a)

b. On or about 27 Jan 01, you failed to go at the time prescribed to your appointed place of
duty, as evidenced by an Article 15 action, dated 2 Mar 01. (Atch 1a)

c. On 12 Sep 00, you were found banging on doors at dormitory 1155 and demanding "rent
money", thereafter stating that you were going to kill someone. You were also seen violently

shaking the guardrail and screaming. Because of these events, you were counseled, as evidenced
by an ADAPT Program Referral, dated 18 Sep 00. (Atch 1b)

d. On or about 11 Sep 00, you communicated to Airman First Clas Snot threat to
kill him, as evidenced by a Vacation of Suspended Nonjudicial Punishments action, dated 29 Sep

00. (Atch 1c)

e. Between on or about 30 Jun 00 and on or about 6 Jul 00, you consumed alcoholic beverages
while you were assigned standby duties, as evidenced by an Article 15 action, dated 24 Jul 00.
(Atch 1d)

f. On or about 5 Nov 99, you did throw milk cartons and yogurt at building 1159, as
evidenced by a Letter of Reprimand, dated 13 Dec 99, (Atch le)

g. On 13 Jul 99, you were found throwing water balloons at unsuspecting residents of
dormitory 1155, as evidenced by a Memorandum for Record, dated 14 Jul 99. (Atch 1f)
GP 20O2.~0u b

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. Special pay, bonuses, or education assistance funds may be

subject to recoupment. 7 ‘

4. You have the right to consult counsel. Military legal counsel has been obtained to assist you.
Lhave made an appointment for you to cn at building 600, ext. 2915, on
| SMa Dl at 0430 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 duty days from today 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 on your own behalf, your failure will
constitute a waiver of your right to do so.

7. You completed a medical examination at the 27th Medical Group on \4Y4 VL D\ at
| (30 hours.

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 your unit orderly room, or you may download a
copy from http://afpubs.hq.af.mil/.

 

Attachments:
1. Supporting Documents