AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
’ _ ae a AIC bea: Freres.
PERSONAL APPEARANCE X RECORD REVIEW

¢| NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

   

MEMBERS SITTING HON GEN | UOTHC OTHER DENY

 

 

 

 

 

 

   

     

ISSUES INDEX NUMBER ne x Hie ; TBQARD 00

A01.00, A95.00 A67.10 RD
APPLICATION FOR REVIEW OF DISCHARGE

   
  
  

  

LETTER OF NOTIFICATION
CASE NUMBER BRIEF OF PERSONNEL FILE

FD2002-0507 COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

       
 
   

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING

ER

Case heard at Scott AFB, Illinois.

Advise applicant of the decision of the Board, the right to appear before the Board with or without counsel, and the right to
‘submitt an application to the AFBCMR.

 

  
  

RE OF RECORDER SIGNATURE OF BOSD D FRESIDENT

    
 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD

1535 COMMAND DR, EE WING, 3°” FLOOR

ANDREWS AFB, MD 20762-7002

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

 
   
  

 

AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used.
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE
FD2002-0507

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

The applicant was offered a personal appearance hearing before the Discharge Review Board (DRB) 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 to Honorable is denied.

The Board finds that neither the evidence of record or that provided by the applicant substantiates an
impropriety or equity that would justify upgrade of the discharge.

ISSUES: The applicant was discharged with a General Discharge for Misconduct — Minor Disciplinary
Infractions, Member received an Article 15 for damage to government property, three Letters of Reprimand
for making rude comments and using profanity in a public area along with disobeying a general order, using a
government owned computer to participate in viewing and forwarding a pornographic MGEP (video), and
failure to obey dress and appearance by wearing an earring; three Records of Individual Counseling for
insubordination, disobeying a direct order, and smoking in a government vehicle; and a Memorandum for
Record for poor duty performance. The applicant did not submit any additional issues or supporting
documentation to support his request for upgrade. Based on the available records the Board found no

impropriety or inequity.

The DRB opined that through these administrative actions, the applicant had ample opportunities to change
his negative behavior. The Board concluded the misconduct was a significant departure from conduct
expected of all military members. 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.

Attachment:
Examiner's Brief
FD2002-0507
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

ee (Former A1C) (HGH A1C)

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 26 Apr 02 UP AFI 36-
3208, para 5.49 (Misconduct - Minor Disciplinary Infractions). Appeals for
Honorable Disch.

2. BACKGROUND:

a. DOB: 23 Jul 81. Enlmt Age: 18 9/12. Disch Age: 20 9/12. Educ: HS DIPL.
AFOT: N/A. A-S50, E-35, G-33, M-30. PAFSC: 3A031 - Information Management
Apprentice. DAS: 16 Oct 00.

b. Prior Sv: (1) AFRes 20 May 00 - 6 Jun 00 (17 Days) (Inactive).
3. SERVICE UNDER REVIEW:
a. Enlisted as AB 7 Jun 00 for 4 yrs. Svd: 1 Yrs 10 Mo 20 Das, all AMS.

b. Grade Status: A1C - 20 Oct QI]
’ AMN - 7 Dec 00

ec. Time Lost: None.

d. Art 15's: {1) 20 Apr 01, Scott AFB, IL - Article 108. You, did, on
or about 9 Mar 01, without proper authority, through
neglect damage by crashing into building P40, a
government vehicle, registration number 8783323,
military property of the United States, of a value of
about $23,276.00, the amount of said damage being in the
sum of about $4,890.00. Suspended reduction to AB,
forfeiture of $250.00 pay per month for 2 months,
Restriction for 30 days, and 30 days extra duty.
(No appeal) (No mitigation)

e. Additional: LOR, 27 MAR 02 - Using government owned computer to
participate in viewing and forwarding a
pornographic MGEP.

LOR, OL NOV 01 - Making rude comments and using profanity
in a public area. Disobeying a lawful
general order.

LOR, 05 OCT 01 - Failure to obey dress and appearance
standards by wearing an earring.

RIC, 15 MAR O1 - Insubordination.

RIC, 12 DEC 00 - Disobeying a direct order.

RIC, 17 NOV 00 - Smoking in a government vehicle.

f. CM: None.
— Poxeorz-o5 07

0 2 APR ano

MEMORANDUM FOR A 1 CQQQSUGMAGRRRNAEO IRN

FROM: 375 CS/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 of discharge is approved, your service may be characterized as honorable, under
honorable conditions (general) or under other than honorable conditions (UOTHC). I am
recommending that your service be characterized as under honorable conditions (general).

2. My reasons for this action are:

a. You, who should have known of your duties, at or near Scott Air Force Base, Iilinois, on
or about 5 March 2002, violated a lawful general order by using a government owned computer
to participate in viewing and forwarding a pornographic MGEP. For this offense you received a
Letter of Reprimand, dated 27 Mar 02 (Atch 1/A).

b. You, who should have known of your duties, at or near Scott Air Force Base, Illinois, on
or about 8 October 2001, made rude comments and used profanity in a public area.

c. You, having received a lawful general order from your supervisor not to utilize the
government e-mail system due to your repeated misuse of the program, at or near Scott Air Force
Base, Illinois, on or about 15 October 2001, were found to be utilizing government e-mail
service. For the offenses listed in paragraphs 2b and 2c, you received a Letter of Reprimand,
dated 1 Nov 01 and an Unfavorable Information File was established, dated 13 Nov 01

(Atch 1/B).

d. You, who should have known of your duties, at or near Scott Air Force Base, Illinois on or
about 29 September 2001, were derelict in the performance of those duties in that you negligently
failed to obey Air Force Instruction 36-2903, Dress and Personal Appearance of Air Force
Personnel, chapter 2, table 2.5, item 7, dated 8 June 1998, by wearing an earring. For this
offense you received a Letter of Reprimand, dated 5 Oct 2001 (Atch 1/C).

e. You, did, at or near Scott Air Force Base, Illinois, on or about 9 March 2001, through
neglect, damage a government vehicle by crashing into building P40, damages being in the sum
of about $4890. For this offense you received a non-judicial punishment, dated 20 Apr 01
(Atch 1/D).
_ Fp 2002-0507

f. You, who should have known of your duties, at or near Scott AFB, Illinois, on divers
occasions failed to obey a direct order by walking away from your floor leader and saying “ this
is stupid” or words to that effect. For this offense you received a Letter of Counseling, dated

15 March 2001 (Atch 1/E).

g. You, did, at or near Scott Air Force Base, Illinois, on or about 12 December 2001, disobey
a direct order by wearing your field jacket without the proper rank sewn on. For this offense you
received a Letter of Counseling, dated 12 Dec 2000 (Atch 1/F).

fe

h. You, who should have know of your duties, at or near Scott Air Force Base, Illinois, on or
about 17 November 2000, were derelict in the performance of those duties in that you negligently
failed to refrain from smoking on a government vehicle. For this offense you received a Record

of Individual Counseling, dated 17 Nov 00 (Atch 1/G).

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. 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 must report to the 375" Medical Group, Scott Air Force Base, Illinois, Physical
Examinations Section with your medical records for a doctor to determine if further action is

required.

5. Before close of business tomorrow (or the next duty day) you will contact Special Actions at
Military Pay at DSN 576-2665, to make arrangements concerning your military pay.

6. 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 the Area Defense Counsel, Bldg 7,

on2Agr o> at 1430 hours. Instead of the appointed counsel, you may have other counsel, if
the lawyer you request is in the active military service, and if reasonably available as determined
according to AFI 51-201. In addition to or in lieu of military counsel, you have the right to
employ civilian counsel at your own expense. The Air Force does not pay expenses incidental to
the employment of civilian counsel. Civilian counsel, if employed, must be readily available.

7. 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 of your receipt of this letter,
unless you request and receive an extension for good cause shown. I will send them to the

separation authority.

8. 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.

9. Any personal information you furnish in rebuttal is covered by the Privacy Act Statement of
1974 as explained in AFI 36-3208. A copy of AFI 36-3208 is available for your use in the
squadron orderly room or local Area Defense Counsel’s office.

10. Execute the attached acknowledgement and return it to me immediately.

  
   

tee Commander

Attachments:
1. Supporting documentation

2. Airman’s Acknowledgement
3. RIP