AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE AFSN/SSAN

AMN re

 

TYPE

i] NAME OF COUNSEL AND OR ORGANIZATION

 

 

MEMBERS SITTING

 

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ISSUES INDEX NUMBER

GEN PERSONAL APPEARANCE

    

 

 
 

 

A94.53, A92.37 A67.50
HEARING DATE CASE NUMBER
26 JUN 03 FD2002-0541

 

Case heard at Washington, D.C.

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

submit an application to the AFBCMR.

SIGNATURE OF RECORDERS

 

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

AFHQ FORM 0-2077, JAN 00

     

  
  
  
  

 

X RECORD REVIEW

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

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ORDER APPOINTING THE BOARD

APPLICATION FOR REVIEW OF DISCHARGE

LETTER OF NOTIFICATION

BRIEF OF PERSONNEL FILE

COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 
 
 

     

TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

BOARD PRESIDENT —

 

pear met re

 

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

1535 COMMAND DR, EE WING, 3°” FLOOR

ANDREWS AFB, MD 20762-7002

Previous edition will be used.
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE =| ¢p9992-0541

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.

Issues. Applicant was discharged for a pattern of misconduct. He had an Article 15, a vacation of
suspended punishment, five Letters of Counseling, a traffic ticket, two Letters of Reprimand, several verbal
counselings, an Unfavorable Information File, one Enlisted Performance Report that was rated an overall
3,” and was placed on the Control Roster. His misconduct occurred over an 18-month period and included
failure to go or being late for duty five times, two instances of failure to obey a lawful order, speeding and
driving an unregistered vehicle without insurance, improper government computer use, and making a false
official statement. At that time, the Noncommissioned Officer in Charge of member’s duty section noted
that including verbal counselings, member had had 14 separate opportunities to improve his behavior, and
his continued presence was having a negative impact on eight “highly impressionable peers.” At the time
of the discharge, member consulted counsel and requested an extension in order to submit statements in his
own behalf, but failed to do so. The Board noted that member was age 19 to 20 when his offenses occurred,
the same age as other airmen who adhere to standards. He was counseled repeatedly in an effort to help him
correct his deficiencies. In spite of those rehabilitative efforts, he was unwilling or unable to improve his
behavior. The Board concluded applicant knew right from wrong and was responsible for his actions, and

therefore was held accountable for them. No inequity or impropriety was found in this discharge in the
course of the records review.

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
FD2002-00541
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

diniatinis (Former AMN) (HGH A1C)

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 9 Jul 97 UP AFI 36-3208,
para 5.50 (Misconduct - A Pattern of Misconduct). Appeals for Honorable Disch.

2. BACKGROUND:

a. DOB: 18 Feb 77. Enlmt Age: 17 9/12. Disch Age: 20 4/12. Educ: HS DIPL.
AFOT: N/A. A-43, E-63, G-53, M-67. PAFSC: 4N031 - Medical Services
Apprentice. DAS: 1 Feb 96.

b. Prior Sv: (1) AFRes 7 Dec 94 - 20 Dec 95 (6 Mos 14 Days) (Inactive) .

3. SERVICE UNDER REVIEW:

a. Enld as AB 21 Jun 95 for 4 yrs. Svd: 2 Yrs 0 Mo 19 Das, all AMS.

b. Grade Status: AMN - 30 Apr 97 (Vacation of Article 15, 2 Jun 97)
A1lC - 21 Oct 96
AMN - Unknown

c. Time Lost: None.

d. Art 15’s: (1) 2 Jun 97, Vacation, Hill AFB, UT - Article 86. You
did, on or about 23 May 97, without authority, fail to
go at the time prescribed to your appointed. place of
duty. Reduction to AMN. (No appeal) (No mitigation)

(2) 30 Apr 97, Hill AFB, UT - Article 107. You did, on
divers occasions, between on or about 3 Apr 97 to on or
about 10 Apr 97, with intent to deceive, make to
MSGT -~~----~---- , an official statement, to wit: "I do
not have a job with a civilian employer," or words to
that effect, which statement was totally false, and was
then known by you to be so false. Suspended reduction
to AMN, forfeiture of $100.00 pay per month for two
months, and 14 days extra duty. (No appeal) (No
mitigation)

e. Additional: LOR, 16 APR 97 — Failure to obey a direct order.
MFR, 23 MAY 97 - Late for appointment.
LOR, 09 APR 97 ~ Failure to obey a lawful order.
LOC, 25 MAR 97 ~ Failure to report for mandatory training.
LOC, 21 JAN 97 ~ Late for work, appointments, and behavior

related problems.

LOC, 24 SEP 96 - Unauthorized use of a government computer.
LOC, 11 MAR 96 - Lack of job knowledge, unwillingness to
FD2002-00541

perform tasks, and attitude problem
towards co-workers.
Loc, 05 JAN 96 - Late for duty.
=. cM: None.
g. Record of SV: 21 Jun 95 - 20 Feb 97 Hill AFB 3 = (Initial)
(Discharged from Hill AFB)
h. Awards & Decs: NDSM, AFTR.

i. Stmt of Sv: TMS: (2) Yrs (7) Mos (3) Das
TAMS: (2) Yrs (0) Mos (19) Das

4. BASIS ADVANCED FOR REVIEW: Appin (DD Fm 293) dtd 16 Dec 02.
(Change Discharge to Honorable)

NO ISSUES SUBMITTED

ATCH
None.

5Mar03/er
: | fa7 2.002 “OOF 4 /

DEPARTMENT OF THE AIR FORCE
75* MEDICAL OPERATIONS SQUADRON (AFMC)
HILL AIR FORCE BASE, UTAH

MEMORANDUM FOR shag SonageniRT

FROM: CC
SUBJECT: Notification Letter

1. Iam 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. 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 28 May 1997, you did, without authority, fail to go at the time
prescribed to your appointed place of duty, which was in violation of Article 86. Due
to this action you received a vacation of punishment, dtd 28 May 1997, (Atch la)

b. On or about 22 April 1997, you received an Article 15 for making an official
statement, with the intent to deceive, tote, to wit: “I do not have

a job with a civilian employer, “ or words to that effect, which statement was totally
false, and was then known by you to be so false. With this you also were placed on
the control roster and given an Unfavorable Information File (UIF). (Atch 1b)

c. On or about 8 April 1997, a computer disk was found in the disk drive of the
computer in your work station. The disk was labeled “Games for Work”. After an
investigation, it was determined that it belonged to you. The computers are for
Official Use Only. I gave you a direct order on or about 24 September 1996, that you
were not to use Air Force computers to play any games. For this you received a
Letter of Reprimand for disobeying a direct order. (Atch 1c)

d. On or about 9 April 1997, you were given a Letter of Reprimand, dtd 9 April

1997, for disobeying a direct order given to you by. your supervisor. You were
directed to take a pre-test to evaluate your knowledge of job related areas prior to
taking your scheduled End of Course test. (Atch 1d)

e. On or about 25 March 1997, you failed to report to your scheduled appointment at
Delayed Team Training. This was a mandatory appointment. For this you received a
Letter of Counseling, dtd 25 Mar 97. (Atch le)
“S £D2002- 005 by}

f. On or about 21 January 1997, you were given a Letter of Counseling, due to
several incidents in regard to being late for duty. (Atch If)

g. On or about 20 September 1996, it was brought to the attention of @agiamanmailie

epithe that you spent about 18 hours on the computer during your weekend shift.
It was noted that most of the time you were on the Internet on a chat mode. The
computers in this area are for Official Use Only. For this you received a Letter of
Counseling. (Atch 1g)

h. On or about 11 March 1996, it was noted that there may be a problem with —
training and knowledge deficiencies and also some motivational and attitude
problems. For this you received a Letter of Counseling, dtd 11 March 1996.
(Atch 1g)

i. On or about 4 January 1996, you were one hour late for duty at the prescribed
place. For this you received a Letter of Counseling. (Atch lh)

3. You have the right to consult counsel. I have made an appointment for you with the

Area Defense Counsel’s Office, Building 1205, 1A June at \5 20 _. You may
consult civilian counsel at your own expense.

4. You have the right to submit statements in your own behalf. Any statements you
want the separation authority to consider must reach me by _I"\ June. _, unless you
request and receive an extension for good cause shown. I will send them to the

separation authority.

_ 5. Ifyou fail to consult counsel or to submit statements in your own behalf, your failure
will constitute a waiver of your right to do so.

6. Your medical examination/review has been scheduled for \ADUnt. between
1330 and 1530, at the Physical Exams Section.

7. 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.

 

Commander

Attachments:

1. Notification Letter

la, Vacation of Punishment, dtd 28 May 97

-b. Article 15, dtd 22 Apr 97/UIF, dtd 5 May 97
‘ oy FO2002- OOF Y/

Letter of Reprimand, dtd 16 Apr 97
Letter of Reprimand, dtd 9 Apr 97
Letter of Counseling, dtd 25 Mar 97 ~
Letter of Counseling, dtd 21 Jan 97
Letter of Counseling, dtd 24 Sep 96
Letter of Counseling, dtd 11 Mar 96
Letter of Counseling, dtd 5 Jan 96

2. Other Documentation
% 2a, Memo For Record, dtd 23 May 97

3. Airman’s Receipt of Notification Letter

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