NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

 

 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

GRADE

AFSN/SSAN

AB

 

 

   
  

Seeaba

PERSONAL APPEARANCE

NAME OF COUNSEL AND OR ORGANIZATION

 

TYPE

COUNSEL

 

 

 

 

X RECORD REVIEW

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

 

 

 

 

 

 

 

 

 

 

VOTE OF THE BOARD
MEMBERS SITTING TON GEN DOTHC OTHER DENY
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etree ——T —

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ISSUES INDEX NUMBER EXHIBITS SUBMITTED TO THE BOARD

A95.00 A49.10, A67.50 1 | ORDER APPOINTING THE BOARD

 

 

2 «| APPLICATION FOR REVIEW OF DISCHARGE

 

 

3 | LETTER OF NOTIFICATION

 

 

 

HEARING DATE

CASE NUMBER

9 MAY 03 FD2002-0491

4 | BRIEF OF PERSONNEL FILE

 

COUNSEL’S RELEASE TO THE BOARD

 

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

 

 

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

 

 

 

 

REMARKS
Case heard at Washington, D.C.

submit an application to the AFBCMR.

APPLICANT'S ISSUE AND THE BOARD'S, DECIS]ONAL RATIONAL: ARE DISCUSSED ON THE ATTACHED AIRFORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE,

 

 

SIGNATURE OF RECORDER

| SIGNATURE OF BOARD PRESIDENT

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to

 

 

 

 

= = Sees 2
———— ———

| DATE: 9 MAY 03

 

 

 

 

 

 

 

 

 

 

 

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.
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD02-0491

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 15s, one for looking at another student’s answer sheet during a test and the other for being AWOL.
He also received one Letter of Reprimand, two Letters of Counseling, four AETC Forms 341, and four AF
Forms 173 for being out of his dorm room after curfew, failing his appraisals four times, failing his room
inspection twice, failing to secure his Standard Operating Instruction, failing to sign in, smoking during the
duty day in violation of Phase one, and violation of the Phase program for driving a POV and smoking.
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
FD2002-0491

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

(Former AB) (HGH A1C)

   

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 24 Oct 01 UP AFI 36-
3208, para 5.26 & 5.50 (Unsatisfactory Duty Performance and Pattern of
Misconduct). Appeals for Honorable Disch.

2. BACKGROUND:

a. DOB: 17 Sep 82. Enlmt Age: 17 9/12. Disch Age: 19 1/12. Educ: HS DIPL.
AFQT: N/A. A-55, E-53, G-64, M-38. PAFSC: 9T000 - Basic Airman. DAS: 27 Sep
ol.

b. Prior Sv: (1) AFRes 23 Jun 00 - 17 Jan 01 (6 months 26 days) (Inactive).

3. SERVICE UNDER REVIEW:
a. Enlisted as AB 18 Jan 01 for 6 yrs. Svd: 0 Yrs 9 Mo 7 Das, all AMS.

b. Grade Status: AB - 5 Oct 01 (Article 15, 5 Oct 01)
Alc - 2 Mar Ol

c. Time Lost: None.

a. Art 15’s: (1) 5 Oct O1, Keesler AFB, MS - Article 86. You, did, on
or about 25 Aug 01, without authority, absent yourself
from your place of duty at which you were required to
be, and did remain so absent until you were apprehended
on or about 27 Sep 01. Reduction to AB, and forfeiture
of $521.00 pay per month for 2 months. (No appeal) (No
mitigation)

(2) 29 Jun 01, Hurlburt Field, FL - Article 92. You, who
knew of your duties, on or about 4 Jun 01, were derelict
in the performances of those duties in that you
willfully failed to exhibit academic integrity while
taking Progress Check 3A, by looking at another
student's answer sheet during the test, as it was your
duty to do. Thirty days correctional custody, and a
reprimand. (Appeal/Denied) (No mitigation)

e. Additional: LOR, 17 AUG 01 - Violation of AF Phase program.
AETC 341, 15 AUG 01 - Smoking during duty day in violation
of Phase one.
AETC 341, 07 JUN 01 - Failed to sign in.
LOC, 17 MAY 01 - Failed second room inspection.
LOC, 20 APR 01 - Failed to secure your Standard Operating
Instruction (OSI).
FD2002-0491

AF 173, 11 APR 01 - Failed appraisal 2a.

AF 173, 06 APR 01 - Failed Block II(A) test.

AF 341, 28 MAR 01 - Failed room inspection.

AF 173, 27 MAR 01 - Failed appraisal la.

AF 173, 22 MAR 01 - Failed appraisal 4b.

AETC 341, 19 MAR 01 - Found out of dorm room after curfew.
£. CM: None.
g. Record of SV: None.

(Discharged from Keesler AFB)
h. Awards & Decs: AFTR.

1. Stmt of Sv: TMS: (1) Yrs (4) Mos (2) Das
TAMS: (0) Yrs (9) Mos (7) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 24 Oct 02.
(Change Discharge to Honorable)

NO ISSUES SUBMITTED.

ATCH
None.

14FEBO3/ia
FPA Af 7

\
t

DEPARTMENT OF THE AIR FORCE
AIR EDUCATION AND TRAINING
COMMAND

 

OCT 17 2001

MEMORANDUM FOR AB Sagat

FROM: 334 TRS/CC
SUBJECT: Notification Memorandum

1. [am recommending your discharge from the United States Air Force Pattern of misconduct
and Unsatisfactory Duty Performance. The authonity for this action is AFPD 36-32 and AFI 36-
3208, Chapter 5, Sections H and E, Paragraph 5.50 and 5.26. The primary reason for discharge
is paragaph 5.50. If 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 or about 25 Aug 01, without proper authority, you absented yourself from your place of
duty, to wit: 334 Training Squadron, and did remain so absent until you were apprehended on or
about 27 Sep 01, for which you received nonjudicial punishment on 5 Oct 01, (Atch 1,

Appendix A, w/ atchs)

b. On 15 Aug 01, you violated the 2™ Air Force Phase Program restrictions, by driving a
privately owned vehicle (POV) during duty hours. In addition, you were also found smoking, for
these infractions, you received a Letter of Reprimand, dated 17 Aug 01. (Atch 1, Appendix B
w/atchs)

c. On or about 4 Jun 01, you were derelict in the performance of your duties by failing to
exhibit academic integrity by looking at another students answer sheets during progress check
3A, for which you received nonjudicial punishment on 29 Jun 01. (Atch 1, Appendix C w/atchs)

d. On7 Jun 01, you failed to properly sign-in for which you were counseled _-:
noted on AETC Form 341, dated 7 Jun 01. (Atch 1, Appendix D)

e. On 17 May 01, for the second time, you did not have your dormitory room in inspection order,
for which you received a Letter of Counseling, dated 17 May 01. (Atch 1, Appendix E w/atchs)

f. On 12 Apr 01, you failed to secure your Standard Operating Instruction (SOI), for which you
received a Letter of Counseling, dated 20 Apr 01. (Atch 1, Appendix F w/atchs)
FE D2c22-OF FF

g. On 11 Apr 01, you failed Appraisal 2A, with a score of 60 percent, minimum passing score is
70 percent, for which you were counseled (Atch 1, Appendix G)

h. On 6 Apr 01, your failed the Block II test with a score of 62 percent, minimum passing
score is 70 percent, for which you were counseled. (Atch 1, Appendix H)

«1. On 28 Mar 01, you did not have your dormitory room in inspection order, for which you
received were counseled -y rs noted on AETC Form 341, dated 28 Mar 01. (Atch 1,
Appendix I)

j. On 27 Mar 01, you failed Appraisal 1A, with a score of 60 percent, minimum passing score is
70 percent, for which you were counseled (Atch 1, Appendix J)

k. On 22 Mar 01, you failed Appraisal 4B, with a score of 50 percent, minimum passing score is
70 percent, for which you were counseled (Atch 1, Appendix K)

1. On 19 Mar 01, you were found in the hallway out of your dormitory room after the 2200 hours
curfew as noted on AETC Form 341 by Anglia dated 19 Mar 01. (Atch 1, Appendix L)

3. Copies of the documents to be forwarded to the separation authority in support of this
recommendation are attached. The commander exercising SPCM junisdiction 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 has been obtained to assist
you. Ihave made an appointment for you to consult Wore d at Bldg 0701, Room

102,on__ WawWe dat hours. You may consult civilian counsel at your own
expense.

5. You have the right to submit statements on your Or Ol Any statements you want the
separation authority to consider must reach me by 20. Q] by 1630 hours 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 81% Medical Group,

Adult Ambulatory Care Clinic on 1h Or- 0 { , 2001 at_1$3@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 Bldg_ 7404, co.
9. Execute the attached acknowledgment and retum it to me immediately.

Attachments:

1. Supporting Documents

AF Form 3070, dated 5 Oct 01 w/atchs

Letter of Reprimand, dated 17 Aug 01 w/atch
AF Form 3070, dated 29 Jun 01 w/atchs
AETC Form 341, dated 7 Jun 01

Letter of Counseling, dated 17 May 01 w/atchs
Letter of Counseling, dated 20 Apr 01 w/atchs
AETC Form 173, dated 11 Apr 01

AETC Form 173, dated 6 Apr 01

AETC Form 341, dated 28 Mar 01

AETC Form 173, dated 27 Mar 01

AETC Form 173, dated 22 Mar 01

AETC Form 341, dated 19 Mar 01

2. Airman’ s Receipt of ‘Notification Memorandum
3. Airman’s Statements

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