eee SRA

 

  

 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PERSONAL APPEARANCE XK RECORD REVIEW
NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
VOTE OF THE BOARD
MEMBERS SITTING TON GEN UOTHC OTHER DENY
x
; x
; x
x
x
ISSUES INDEX NUMBER EXHIBITS SUBMITTED TO’ THE BOARD.
A94,05 A67.10 1 | ORDER APPOINTING THE BOARD
2 | APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION
HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE
9 APR 03 FD2003-0011

COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

Pr
TAPE RECORDING OF PERSONAL APPERANCE HEARING

APPLICANT’S ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON ‘THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE.

 

 

 

 

 

 

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 REGORDER | SIGNATURE OF BOARD PRESIDENT

     

INDORSEMENT DATE: 9 APR'03

TO: FROM:
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 FD03-0011

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

ISSUE: Applicant contends that his discharge was too harsh due to the fact that everything snowballed
from a single, insignificant event made significant by someone who had more stripes than he. The record
indicates the applicant received six Letters of Reprimand for failure to maintain his dormitory room in
inspection order, being late for work several times, negligence in losing four military ID Cards, and for
being insubordinate towards an NCO, violation of dormitory standards, and failure to obey an order. In
addition, he received five Letters of Counseling for failure to pass his CDC test, lost his ID Card for the Qn
time, operating a golf cart in a reckless manner, being late for an appointment, late for work and sleeping
during training. 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.

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
FD2003-00011

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

nai (Former SRA) (HGH SRA)

1. MATTER UNDER REVIEW: Appl rec'd a GEN Disch fr USAF 23 Dec 96 UP AFI 36-
3208, para 5.49 (Misconduct ~ Minor Disciplinary Infractions). Appeals for
Honorable Disch.

2. BACKGROUND:

a. DOB: 10 Aug 74. Enlmt Age: 17 11/12. Disch Age: 22 4/12. Educ: HS DIPL.
AFOT: N/A. A-53, E-91, G-78, M-65. PAFSC: 3R051 ~ Printing Management
Journeyman. DAS: 12 Mar 93.

b. Prior Sv: (1) AFRes 21 Jul 92 ~ 27 Aug 92 (1 Month 7 Days) (Inactive).

3. SERVICE UNDER REVIEW:

a. Enld as AB 28 Aug 92 for 4 yrs. Ext: 20 May 96 for 6 months. Svd: 4
Yrs 3 Mos 26 Das, all AMS.

b. Grade Status: SRA - 28 AUG 95
AlC - 28 DEC 93

AMN - Unknown
ec. Time Lost: None.

d. Art 15’s: None.

e. Additional: LOR, 30 OCT 96 - Insubordinate conduct towards an NCO,
violation of dormitory standards, and
failure to obey an order to have dormitory
room in inspection order.

LOR, 24 JUN 96 - Negligence in losing four military ID
Cards.

LOR, 28 FEB 96 - Several incidents of late for work.

LOR, 20 FEB 96 - Late for work.

RIC, 18 DEC 95 - Late for work.

RIC, 01 NOV 95 - Sleeping during training.

RIC, 18 OCT 95 - Late for an appointment.

LOC, 26 APR 95 ~ Operating a golf cart in a reckless
manner.

RIC, OS APR 95 - Lost ID Card..

LOR, 09 AUG 94 - Failure to maintain dormitory room in
inspection order.

RIC, 24 JAN 93 - Failure to pass CDC test.
FD2003-00011

g. Record of SV: 28 Aug 92 - 27 Apr 94 Luke AFB 4 £(Initial)
28 Apr 94 - 17 Feb 95 Luke AFB 4 = (CRO)
18 Feb 95 - 17 Feb 96 Luke AFB 3 (Annual)

(Discharged from Luke AFB)
h. Awards & Decs: AFLSA, AFTR, NDSM, AFOUA W/2 DEV, AFGCM.

i. Stmt of Sv: TMS: (4) Yrs (5) Mos (3) Das
TAMS: (4) Yrs (3) Mos (26) Das

4, BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 3 Jan 03.
(Change Discharge to Honorable)

Issue 1: I feel my type of discharge was inequitable to me due to the fact
that everything snowballled from a single, insignificant event made significant
by someone who had more stripes than me. Everything is explained in pages 9-11
of the rebuttal packet submitted with this form.

Issue 2: I have personally seen personnel who have committed more grievous
acts than I allegedly committed, be able to maintain enlistment - for they had
supervisors and commands willing to work with them. I believe, as swiftly as my
discharge occurred after my letter of reprimand, that my responses, and the
responses of some of the Luke AFB personnel I have worked with, were largely
ignored due to Luke AFB's (sic) preparations for an I.G. (Inspector General)
office inspection in January of 1997 (the discharge occurred December of 1996).
The responses of some of Luke AFB's (sic) personnel during the time of my
discharge can be read from page 3 to page 8 of the rebuttal packet submitted
with this form - in the form of character letters.

Issue 3: I feel the rebuttal packet submitted with this form speaks for
itself - that is - if you read it. I most certainly feel this packet was never
given the attention it deserved - considering the gravity of the situation the
packet was trying to prevent (my untimely discharge). I feel that, had the
packet been read and understood as it stands, my untimely discharge would have
never occurred.

ATCH
1. Applicant's Rebuttal to Discharge w/20 Atchs.

10 Mar 03/er
- FC2003— Coys

DEPARTMENT OF THE AIR FORCE
56th Communications Squadron (AETC)
Luke Air Force Base Arizona

5 Dec 96

MEMORANDUM FOR SRA —_— [i

FROM: 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 AFI 36-3208, Section H,
paragraph 5.49. If my recommendation is approved, your service will be characterized as
honorable, general, or under other than honorable conditions. [ am recommending that
your service be characterized as general. ‘

2. My reasons for this action are:

a. On or about 29 Oct 96, you failed a mandatory room inspection conducted by
MSgt Solem, 56th Communication Squadron First Sergeant, by not being at your room at
the appointed time and not having your room in inspection order as you were told to do.
This is evidenced by a Letter of Reprimand dated 30 Oct 96 and a UIF action dated

14 Nov 96.

b. On or about 24 Oct 96, you were insubordinate to a senior noncommissioned
officer. This is evidenced by a Letter of Reprimand dated 30 Oct 96 and a UIF action
dated 14 Nov 96.

c. Between on or about 22 Jun 96 and 23 Jun 96, you lost your DD Form 2AF. This
was your fourth time losing your Military Identification Card in a two year period. This is
evidenced by a Letter of Reprimand dated 24 Jun 96, and a UIF action dated
28 Jun 96.

d. On 26 Feb 96, you were late for duty. This is evidenced by a Letter of Reprimand
dated 28 Feb 96 and a UIF action dated 4 Mar 96.

e. On 20 Feb 96, you were late for duty. This is evidenced by a Letter of Reprimand
dated 20 Feb 96.

f. On 18 Dec 95, you were late for duty. This is evidenced by a Record of Individual
Counseling dated 18 Dec 95.
F-22002~ O07)

g. On 31 Oct 95, you were observed sleeping while attending a mandatory training
session. This is evidenced by a Record of Individual Counseling dated 1 Nov 95.

h. On 17 Oct 95, you were late for a mandatory appointment. This is evidenced by a
Record of Individual Counseling dated 18 Oct 95.

i. On 25 Apr 95, you were observed driving recklessly in a government golf cart.
This is evidenced by a Letter of Counseling dated 26 Apr 95.

j- On 5 Aug 94, you failed to maintain your dormitory room in inspection order. This
is evidenced by a Letter of Reprimand dated 9 Aug 94.

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
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 subjected to recoupment.

4. You have the right to consult counsel. Military legal counsel has been obtained to
assist you. An appointment for you to consult the Area Defense Counsel at Building

1150, Suite 3015, Luke AFB, AZ, extension 6701 has been scheduled for _@ Dec 4G
at 400 . 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. jODEC Go _ unless you
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 must retrieve your medical records from the 56th Medical Group Hospital
Outpatient records and immediately report to Physical Exams, Building 810, with your
medical records and your copy of this AFI 36-3208 discharge package for medical review
and/or examination.

8. Any personal information you furnish in rebuttal is covered by the Privacy Act
Statement. A copy of AFI 36-3208 is available for your use in your unit orderly room.
FE 2002—0001/

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

 

Attachments:
Letter of Reprimand dated 30 Oct 96
. Memorandum for Record dated 30 Oct 96
Memorandum for Record dated 29 Oct 96
Submission of Matters for Letter of Reprimand, undated
Memorandum for Record dated 7 Nov 96
AF Form 1058 dated 14 Nov 96
Submission of Matters for UIF dated 14 Nov 96
Letter of Reprimand dated 24 Jun 96
AF Form 1058 dated 28 Jun 96

Letter of Reprimand dated 28 Feb 96
. AF Form 1058 dated 4 Mar 96
Letter of Reprimand dated 20 Feb 96
. Record of Individual Counseling dated 18 Dec 95
Record of Individual Counseling dated 1 Nov 95
. Record of Individual Counseling dated 18 Oct 95
Letter of Counseling dated 26 Apr 95
Letter of Reprimand dated 9 Aug 94
Record of Individual Counseling dated 5 Apr 95
Memorandum dated 9 Aug 94
. Record of Individual Counseling dated 24 Jan 94

ORMNAKAYWNe

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