AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

 

 

 

 

 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
AMN
GEN PERSONAL APPEARANCE X RECORD REVIEW
COUNSEL 1 NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL | —
= *° 1722 1 Street NW, Room 243, Washington, DC 20421
VOTE'OF THE RO.
MEMBERS SITTING HON GEN UOTHC OTHER
x.
xX
x
xX
X
ISSUES INDEX NUMBER EXHIBITS SUBMITTED TO-TRE BOARD: i
A95.00 A67.50, A67.90 1 | ORDER APPOINTING THE BOARD
3 | APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION
"HEARING DATE CASE NUMBER ” 4 | BRIEF OF PERSONNEL FILE
25 Mar 03 FD2002-0462 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 ATR EORCE, DISCHARGE REVIEW. BOARD DECISIONAL RATIONALE oe

 

REMARKS

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 SIGNATURE OF BOARD PRESIDENT

        
 

INDORSEMENT

 
 

 

 

TO: FROM:

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.
CASK NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | yap702-0462

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

The Board finds the applicant submitted no issues contesting the equity or propriety of the discharge, and
after a thorough review of the record, the Board was unable to identify any.

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 indicate applicant received an
Article 15, nine Letters of Reprimand (LOR), and three Letters of Counseling for being unreachable for
Augmentation Force duty, failure to obey a lawful order, and late for training. Additionally, applicant
received three Memorandums for Record for crumpling an LOR, dereliction of duty, and late for duty. 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.

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 ful] administrative due process.

In view of the foregoing findings the board further concludes that there exists no légal or equitable basis for
upgrade of discharge, thus the applicant's discharge should not be changed.

Attachment:
Examiner's Brief
FD2002-0462
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

rs (Former AMN) (HGH A1C)

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 22 Mar 02 UP AFI 36-
3208, para 5.50.2 (Pattern of Misconduct - Conduct Prejudicial to Good Order and
Discipline). Appeals for Honorable Discharge.

2. BACKGROUND:

a. DOB: 4 May 80. Enlmt Age: 18 10/12. Disch Age: 21 10/12. Educ: HS DIPL.
AFOT: N/A. A-68, E-30, G-44, M-32. PAFSC: 3P031 - Security Forces Apprentice.
DAS: 13 Dec 99.

b. Prior Sv: (1) AFRes 16 Mar 99 - 20 Jul 99 (4 months 5 days) (Inactive).
3. SERVICE UNDER REVIEW:

a. Enlisted as AB 21 Jul 99 for 4 yrs. Svd: 2 Yrs 8 Mo 2 Das, all AMS.

b. Grade Status: AMN - 19 Dec 01 (Article 15, 19 Dee 061)
Alc - 21 Nov 00
AMN - 21 Jan 00

c. Time Lost: None.

d. Art 15’s: (1) 19 Dec O01, F.E. Warren AFB, WY - Article 86. You did,
on or about 1 Dec 01, without authority, fail to go at
the time prescribed to your appointed place of duty.
Reduction to Amn, and 45 days extra duty.

(No appeal) (No mitigation)

e. Additional: LOC, 18 NOV 01 - Unreachable for Augmentation Force duty.

LOR, 18 NOV 01 - Failure to pay debt.

MFR, 15 NOV 01 - Failure to shave.

LOR, 13 MAR 01 - Financial irresponsibility.

MFR, 05 Jan 01 ~ Crumpling a LOR.

LOR, 30 DEC 00 - Dereliction of duty.

LOR, 28 DEC 00 - Failure to go.

LOR, 28 DEC 00 - Dress & Appearance failure and failure to
obey orders.

LOR, 03 NOV 00 - Failure to maintain government housing and
financial irresponsibility.

LOR, 26 SEP 00 - Failure to obey a lawful order.

LOR, 19 JUL 00 - Dereliction of duty.

MFR, 18 JUL 00 - Late for duty.

LOR, 10 JUL 00 - Failure to go and failure to obey.

LOC, 30 MAY 00 - Failure to obey a lawful order.

LOC, 07 MAY 00 - Late for flight training.
FD2002-0462

£. CM: None.

g. Record of SV: 21 Jul 99 - 20 Mar 01 F.E. Warren AFB 3 (Initial) REF
20 Mar 01 - 24 Jan 02 F.E. Warren AFB 1 (Cmdr Dir) REF

(Discharged from F.E. Warren AFB)

z
ac

h. Awards & Decs: AFTR, AFOUA.

i. Stmt of Sv: TMS: (3) Yrs (0) Mos (7) Das
TAMS: (2) Yrs (8) Mos (2) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 8 Oct 02.
(Change Discharge to Honorable)

NO ISSUES SUBMITTED.

ATCH
None.

3FEBO3/ia
Pp ge0%-0 64

DEPARTMENT OF THE AIR FORCE
901TH SPACE WING (AFSPC)

 

ie 21 feb- OL

MEMORANDUM FOR \ Sea.

FROM: 321 MS/CC
SUBJECT: Notification Memorandum

1. Tam recommending your discharge from the United States Air Force for a pattern of
misconduct. The authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 5.50.2. 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. You did, at or near Francis E. Warren Air Force Base, Wyoming, on or about 1 Dec 01,
without authority, fail to go at the time prescribed to your appointed place of duty, to wit:
Building 341, The Firing Range on Francis E. Warren Air Force Base. For this offense, you were
punished under Article 15, UCMJ, on 19 Dec 01. Punishment consisted of reduction to the grade

of airman and forty-five days extra duty. This Article 15 action was placed in your existing
Unfavorable Information File (UIF).

b. You, at or near Francis E. Warren Air Force Base, Wyoming, between on or about
14 Nov O1 and on or about 17 Nov 01, were unreachable at your home and cellular phones.
During this time period, you held a position as a member of the Augmentation Force. In the
event of a recall of the augmentation force was initiated, your team leader would be unable to
contact you. For this misconduct, you received a Letter of Counseling (LOC), dated 18 Nov 01.

c. You did, at or near Francis E. Warren Air Force Base, Wyoming, between on or about
12 Nov 01 and on or about 14 Nov 01, fail to pay a debt in the amount of $300.00 owed to the

Child Development Center. For this misconduct, you received a Letter of Reprimand (LOR),
dated 18 Nov 01.

d. You, at or near Francis E. Warren Air Force Base, Wyoming, were derelict in the
performance of your duties in that you failed to pay several of your creditors. Your financial
mismanagement and irresponsibility resulted in your bank account being frozen for a thirty-day
period leading to your inability to pay other established debts for that period and to adequately
provide for your wife and infant son. For this misconduct, you received a LOR, dated 13 Mar 01.
This LOR was placed in your existing UIE.

e. You did, at or near Francis E. Warren Air Force Base, Wyoming, on or about 28 Dec 00,
fail to use proper procedures while conducting a Launch Facility check. You also failed to
comply with 20 AF checklist #36 by not accomplishing all the required steps. For this
misconduct, you received a LOR, dated 30 Dec 00.

te d. You did, at or near Francis E. Warren Air Force Base, Wyoming, on or about 6 Dec 00,
fail to go to a mandatory appointment to get your gas mask fitted and tested. For this
misconduct, you received a LOR, dated 28 Dec 00.

e. You did, at or near Francis E. Warren Air Force Base, Wyoming, on or about 30 Nov 00,
wear an unauthorized undershirt while in uniform. You were told to change your undershirt and

report back a advise him that you had rectified the problem. You failed to do
this until you were told to accomplish this task by a. For this misconduct, you

received a LOR, dated 28 Dec 00.

 

f. You did, at or near Francis E. Warren Air Force Base, Wyoming, on or about 13 Oct 00,
fail to maintain your government housing. On or about, 21 Oct 00, your First Sergeant received
notification from the Law Enforcement Desk, that a Laramie County Sheriff wished to serve you

a warrant for your failure to appear in court and pay an $18.00 check to Kentucky Fried Chicken,

On 1 Nov 00, your First Sergeant was contacted 1: your failure to pay

$420.00 of the $2,051.33 which you owed for encyclopedias, children’s books, and CD ROMs to

Metropolitan Educational Enterprises Inc. For these misconducts, you received a LOR, dated 3
Nov 00. You also had a UF established.

 
  

g. You, having knowledge or a lawful order given to you
Flight Security Controller, SFO8, 321st Missile Squadron, to take some documents to the First
Sergeant letting him know that you had paid the entire balance of $250.00 to your god sister, did,
at or near Francis E. Warren Air Force Base, Wyoming, on or about 15 Sep 00, fail to obey the

same by not providing the First Sergeant with the proper documents. For this misconduct, you
received a LOR, dated 26 Sep 00.

h. You, at or near Francis E. Warren Air Force Base, Wyoming, on or about 19 Jul 00, were
derelict in the performance of your duties, to wit: you failed to have your service dress uniform
prepared for duty and you failed to shave. For this misconduct, you received a LOR, dated
19 Jul 00. For this misconduct, you received a LOR, dated 19 Jul 00.

i. You did, at or near Francis E. Warren Air Force Base, Wyoming, on or about 5 Jul 00
through on or about 9 Jul 00, fail to go to your appointed place of duty. For this misconduct, you
received a LOR, dated 10 Jul 00.

j. You, having knowledge of a lawful order given to you by SSg
Supervisor, 321st Missile Squadron, Flight 8, to go to supply for a reissue of a canteen and
PpZooR- O¥EZ.

flashlight, did, at or near Francis E. Warren Air Force Base, Wyoming, on or about 25 May 00,
fail to obey the same by not getting these items reissued. For this misconduct, you received a
LOC, dated 30 May 00.

k. You did, at or near Francis E. Warren Air Force Base, Wyoming, on or about | May 00,
fail to go at the time prescribed to your appointed place of duty. For this misconduct, you
received a LOC, dated 7 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 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.
I have made an appointment for you to consult with an attorney at the Area Defense Counsel’s

Office at Building 292, extension 3248,on 22 f@Ro2 at /o¥s7~ . 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 et three workdays after receipt of the
notification memorandum, that date being Zi a WZ , unless you request and
receive an extension for good cause shown. I will send any statements you submit to the
separation authority for his consideration.

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 have been scheduled for a medical examination. You must report to Physical Exams at

0700 hours, on FER 25 Fég 2 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 your Command Support Staff office.

9. Execute the attached acknowledgment and return it to me immediately.

 

Attachments:
1. Article 15, dated 19 Dec 01
7 : FD 2002— OFE2.

LOC, dated 18 Nov 01

LOR, dated 18 Nov 01

AF Form 1058 w/Atch: LOR, dated 13 Mar 01

LOR, dated 30 Dec 00

LOR, dated 28 Dec 00

LOR, dated 28 Dec 00

AF Form 1058 w/Atch: LOR, dated 3 Nov 00

9. LOR, dated 26 Sep 00

1.0. LOR, dated 19 Jul 00

11. LOR, dated 10 Jul 00

12. LOC, dated 30 May 00

13. LOC, dated 7 May 00

14. Other derogatory data not listed in the Notification Memorandum: three Memoranda for
Record, dated 15 Nov 01, 5 Jan 01, and 18 Jul 00; and two Denials of Air Force Good Conduct
Medal Memoranda, dated 29 Mar 01 and 7 Nov 00.

SS aM ey