NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

GRADE

SRA

 

 

AFSN/SSAN

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PERSONAL APPEARANCE

2) NAME OF COUNSEL AND OR ORGANIZATION

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X RECORD REVIEW

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

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MEMBERS SITTING

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ISSUES

A94.53, A92.37

INDEX NUMBER

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EXHIBITS SMETTED
ORDER APPOINTING THE BOARD

APPLICATION FOR REVIEW OF DISCHARGE

LETTER OF NOTIFICATION

 

HEARING DATE CASE NUMBER

25 JUN 03 FD2002-0542

 

REMARKS

Case heard at Washington, D.C.

submit an application to the AFBCMR.

SIGNATURE OF RECORI

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

 

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

    
 

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

 

BRIEF OF PERSONNEL FILE

COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING
TAREE REVIEW BE TET oT ae

 

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 | py9002-0542

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 night.

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 that neither the evidence of record nor that provided by applicant substantiates an inequity
or impropriety that would justify a change of discharge.

Issues. Applicant was discharged for minor disciplinary infractions. He had two Articles 15, four Records
of Individual Counseling, two traffic tickets, a Letter of Reprimand, an Unfavorable Information File, and
one Enlisted Performance Report that was a referral rated overall “3.” His misconduct occurred over a 3
and a half year period and included underage drinking, assaulting another airman, traffic violations, and
consistently breaking curfew while at Airman Leadership School. At the time of the discharge, member
waived his right to consult counsel but did submit a statement in his own behalf, according to the legal
review. Applicant now points out his satisfactory duty performance and desire to receive his G.I. Bill
education benefits. The Board noted that member was age 20 to 23 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.
This was particularly evident when he was released from Airman Leadership School for cause after he said
he wasn’t willing to put forth the effort to finish the course and abide by the school policies and standards.
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.

Applicant cited his desire to receive his G.I. Bill education benefits as justification for an upgrade. The
Board noted that applicant signed a statement (DD Form 2366, on May 5, 1997) that he understood he must
receive an Honorable discharge to receive future educational entitlements. While the Board was
sympathetic to the impact of the loss of these benefits on applicant, this is not a matter of equity or
propriety that warrants an upgrade. .

A

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
FD2002-0542

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

MISSING MEDICAL RECORDS

Eee. (Former SRA) (HGH SRA)
Bo i oe

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 27 Jul O1 UP AFI 36-
3208, para 5.49 (Misconduct - Minor Disciplinary Infractions). Appeals for

Honorable Disch.

2. BACKGROUND:

a. DOB: 1 Nov 77. Enlmt Age: 19 2/12. Disch Age: 23 8/12. Educ: HS DIPL.
AFOT: N/A. A-85, E-91, G-98, M-72. PAFSC: 2A655 - Aircraft Pneudraulic System

Journeyman. DAS: 16 Oct 77.

b. Prior Sv: (1) AFRes 27 Jan 97 - 22 Apr 97 (2 Mos 27 Days) (Inactive).

3. SERVICE UNDER REVIEW:

a. Enld as AB 23 Apr 97 for 6 yrs. Svd: 4 Yrs 3 Mos 5 Das, all AMS.

b. Grade Status: SRA ~ 7 Oct 99
AIC ~ 7 Jun 97

c. Time Lost: None.

d. Art 15's: (1) 5 Nov 99, Ellsworth APB, SD - Article 128. You, did,
on or about 11 Oct 99, unlawfully kick SRA ~-----—- in
the head with your foot. Suspended reduction to AIC,
30 days extra duty, and a reprimand. (No appeal) (No

mitigation)

(2) 22 Jun 98, Ellsworth AFB, SD - Article 92. You, who
knew of your duties, on or about 17 May 98, were
derelict in the performance of those duties in that you
willfully failed to refrain from consuming alcoholic
beverages while under the state legal drinking age of
21, as it was your duty to do. Suspended reduction to
AMN, suspended forfeiture of $463 pay, a reprimand, 18
days restriction, and 18 days extra duty. (No appeal)

(No mitigation)

e. Additional: LOR, 10 JUL 01 - Failure to comply with curfew policy.

TRAFFIC TICKET, 14 JUL 99 - Speeding
TRAFFIC TICKET, 15 FEB 98 - Failure to stop at a posted
stop sign.
FD2002-00542

EF. CM: None.

g. Record of SV: 23 Apr 97 - 22 Dec 98 Ellsworth AFB 4 £(Initial)
23 Dec 98 - 22 Dec 99 Ellsworth AFB 3. (Annual)
23 Dec 99 - 22 Dec 00 Ellsworth AFB 4 (Annual)

(Discharged from Ellsworth AFB)
h. Awards & Decs: AFLSA, AFTR, AFQUA.

i. Stmt of Sv: TMS: (4) Yrs (6) Mos (1) Das
TAMS: (4) Yrs (3) Mos (5) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 19 Dec (02,
(Change Discharge to Honorable)

Tssues: I am asking for a review of my service discharge in regards to my
Montgomery GI Bill benefits. I did recieve (sic) a general under honorable
conditions discharge, and would request that it be changed to an honorable. I
will finish college either way, but I feel I deserve & should be entitled to my
GI Bill benefits. Apart from small off duty disciplinary infractions, my duty
performance was outstanding. Please take my case into consideration. Thank

you.

ATCH
None.

5Mar03/cr
a ae

DEPARTMENT OF THE AIR FORCE

HEADQUARTERS 28"" BOMB WING (ACG)
ELLSWORTH AIR FORCE BASE, SOUTH DAKOTA

 

FROM: 37 BS/CC
SUBJECT: Notification Memorandum

1. Iam recommending your discharge from the United States Air Force for misconduct
involving 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 under honorable conditions (general). I arn recommending that your service be
characterized as under honorable conditions (general).

. 2. My reasons for this discharge action are the following:

a. You were, at or near Ellsworth Air Force Base, South Dakota, on about 15 Feb 98, stopped

by Security Forces Personnel for failing to stop at a posted stop sign. For this action, you
received a DD Form 1408, Armed Forces Traffic Ticket on 15 Feb 98.

b. You who knew of your duties, at or near Ellsworth Air Force Base, South Dakota, on or
about 17 May 98, were derelict in the performance of those duties in that you failed to refrain
from consuming alcoholic beverages while under the state legal drinking age of 21, as it was
your duty to do. For this action, you were punished under Article 15, UCMJ, on 22 Jun 98.
Punishment was suspended reduction to the grade of airman, suspended forfeiture of $463.00
pay, 18 days extra duty, restriction to Ellsworth AFB, South Dakota for 18 days and a reprimand.
This Article 15 established your Unfavorable Information File (UIF).

c. You were, at or near Ellsworth Air Force Base, South Dakota, on or about 14 Jun 99,
stopped by Security Forces Personnel for driving 28 MPH in a 15 MPH speed zone. For this
action, you received a DD Form 1408, Armed Forces Traffic Ticket on 14 Jun 99.

d. You did, at or near Ellsworth Air Force Base, South Dakota, on or about 11 Oct 99,

unlawfully strike Senior Airnan Qe in the head with your foot. For this action,

you were punished under Article 15, UCMJ, on'5 Nov 99. Punishment was suspended reduction

to the grade of Airman First Class, 30 days extra duty and a réprimand. This Article 15 was
_added to your UIF.

e. You did, at or near Ellsworth Air Force Base, South Dakota, on or about 10 Jul 01, admit
that you failed to honor the 2200 hour curfew on all but one of the evenings you were required to
be at the Airman Leadership School Building. This was a violation of the Samuel O. Tumer
PME Center’s in-residence policy and a breach of our treasured Air Force Core Values. You

were briefed on 29 Jun 01, during the course inprocessing, about curfew policies. For this
fF P20CL§ OOS Yo.

action, you received a Letter of Reprimand (LOR) on 10 Jul 01. Also for this action, you were
disciplinarily released from Airman Leadership School on 10 Jul 01.

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 discharge 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 nght to consult counsel. Military legal counsel has been obtained to assist you.

I have made an appomtment for you to consult Captain Sen, Area Defense
Counsel, 385-2158, 1000 Ellsworth Street, Suite 1700 on§Xjl01 at |Dc>O 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 by 24?¥* 01 at 1432 _ hours, unless you request
and receive an extension for good cause shown. [ will send them to the separation authority.

 

 

6. If you fail to consult counsel or to submit matters 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 the Physical Exams
Section of the Base Clinic onQ4|j,01 at SO _ hours for the examination. This is a
mandatory appointment and you must be in uniform. You must report at least 15 minutes in

advance to this appointment to complete necessary paperwork.

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 orderly room.
FP2002-005 42.

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

 
   

ae Co!, USAF
« Commander, 37th Bomb Squadron

 

Attachments:
1. Supporting documents .
a. DD Form 1408, Armed Forces Traffic Ticket — 15 Feb 98

b. Article 15/UIF 22 Jun 98
c. DD Form 1408, Armed Forces Traffic Ticket - 14 Jun 99

d. Article 15/UIF - 5 Nov 99
e. LOR/Notice of Disciplinary Release — 10 Jul 01

2. Airman's Acknowledgment