AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

  

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
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PERSONAL APPEARANCE X RECORD REVIEW
| NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

 

 

 
  

 

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MEMBERS SITTING

  

 

 

 

 

 

 

  

 

 

 

 

 

 

   

   

   

ISSUES INDEX NUMBER

  

    

 

 

 

 

iis SURED (0 THe
A94.05, A92,37 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
10 JUL 03 FD2003-00054

COUNSEL’S RELEASE TO THE BOARD

 

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

 

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING

   

 

 

 

 

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 BOARD PRESIDENT
nel

 

 

SAF/MIBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
550 C STREET WEST, SUITE 40 AJR FORCE DISCHARGE REVIEW BOARD
RANDOLPH AFB, TX 78150-4742 1535 COMMAND DR, EE WING, 3°” FLOOR

 

L 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. | ppy7903-00054

GENERAL: The applicant appeals for upgrade of discharge to honorable, to change the reason and
authority for the discharge, and to change his reenlistment code.

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, change of reason and authority, and change of reenlistment code are
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 an Article 15 and three Letters
of Reprimand, and one Enlisted Performance Report that was rated an overall referral “3.” His misconduct
occurred over a 10-month period and included reading a novel while posted as a Security Forces sentinel,
three instances of being late for work or missing an appointment, and twice playing a Nintendo Game Boy
while posted. At the time of the discharge, member consulted counsel but waived his right to submit a
statement in his own behalf. 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 several times 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.

Applicant cited his desire to return to military service in the Army. While the Board commends applicant
on this goal and is sympathetic to the impact of the general discharge and resulting reenlistment code on
applicant, this is not a matter of equity or propriety that warrants an upgrade.

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
FD2003-00054
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD
MISSING MEDICAL RECORDS

aun, "(Former AB) (HGH A1C)
1. MATTER UNDER REVIEW: Appl rec'd a GEN Disch fr USAF 18 Mar 02 UP AFI 36-
3208, para 5.49 (Misconduct - Minor Disciplinary Infractions). Appeals for

Honorable Discharge, and Change to Reentry Code, Reason and Authority.

2. BACKGROUND:

a. DOB: 13 Jun 81. Enilmt Age: 17 2/12. Disch Age: 20 9/12. Educ: HS DIPL.
AFQT: N/A. A-79, E-63, G-59, M-35. PAFSC: 3P031 - Security Forces Apprentice.
DAS: 20 Mar 00.

b. Prior Sv: (1) AFRes 8 Sep 98 - 21 Sep 99 (1 Year 0 Months 14 Days)
(Inactive).

3. SERVICE UNDER REVIEW:
a. Enld as AB 22 Sep 99 for 6 yrs. Svd: 2 Yrs 5 Mos 25 Das, all AMS.

b. Grade Status: AB - 6 Mar 02 (Article 15, 6 Mar 02)
A1C - 12 Nov 99

c. Time Lost: None.

da. Art 15's: (1) 6 Mar 02, Whiteman AFB, MO - Article 92. You, who knew
of your duties, on or about 16 Feb 02, were derelict in
the performance of those duties in that you willfully
failed to refrain from playing with a Nintendo Gameboy
on W-24 post, as it was your duty to de. Reduction to
AB, and 15 days extra duty. (No appeal) (No mitigation)

e. Additional: LOC, 11 NOV 01 - Failure to meet an appointment.
LOR, 26 SEP 01 - Failure to refrain from playing video
games on duty.
LOR, 26 SEP 01 - Late for duty.
| LOR, 26 MAY 01 - Reading unauthorized material on duty and
late for work.

ff. CM: None

g. Record of SV: 22 Sep 99 - 15 Apr 01 Whiteman AFB 5 (Dir by HAF)
16 Apr 01 - 13 Aug 01 Whiteman AFB 3 (Dir by Cmdr) REF

 

(Discharged from Whiteman AFB)
FD2003-00054
DEPARTMENT OF THE AIR FORCE

AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

MISSING MEDICAL RECORDS

ennai, (Former AB) (HGH A1C)
1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 18 Mar 02 UP AFI 36-
3208, para 5.49 (Misconduct - Minor Disciplinary Infractions). Appeals for

Honorable Discharge, and Change to Reentry Code, Reason and Authority.

2. BACKGROUND:

a. DOB: 13 Jun 81. Enlmt Age: 17 2/12. Disch Age: 20 9/12. Educ: HS DIPL.
AFOT: N/A. A-79, E-63, G-59, M-35. PAFSC: 3P031 - Security Forces Apprentice.
DAS: 20 Mar 00.

b. Prior Sv: (1) AFRes 8 Sep 98 - 21 Sep 99 (1 Year O Months 14 Days)
(Inactive) . ,

3. SERVICE UNDER REVIEW:

a. Enld as AB 22 Sep 99 for 6 yrs. Svd: 2 Yrs 5 Mos 25 Das, all AMS.

b. Grade Status: AB - 6 Mar 02 (Article 15, 6 Mar 02)
Alc - 12 Nov 99

c. Time Lost: None.

d. Art 15’s: (1) 6 Mar 02, Whiteman AFB, MO - Article 92. You, who knew
of your duties, on or about 16 Feb 02, were derelict in
the performance of those duties in that you willfully
failed to refrain from playing with a Nintendo Gameboy
on W-24 post, as it was your duty to do. Reduction to
AB, and 15 days extra duty. (No appeal) (No mitigation)

e. Additional: LOC, 11 NOV 01 - Failure to meet an appointment.
LOR, 26 SEP 01 - Failure to refrain from playing video
games on duty.
LOR, 26 SEP 01 - Late for duty.
LOR, 26 MAY 01 - Reading unauthorized material on duty and
late for work.

 

£. CM: None

g. Record of SV: 22 Sep 99 - 15 Apr 01 Whiteman AFB 5 (Dir by HAF)
16 Apr 01 = 13 Aug 01 Whiteman AFB 3 (Dir by Cmdr) REF

(Discharged from Whiteman AFB)
FD2003-00054

h. Awards & Decs: AFTR.

Lt. Stmt of Sv: TMS: (3) Yrs (6) Mos (11) Das
TAMS: (2) Yrs (5) Mos (25) Das

4. BASIS ADVANCED FOR REVIEW: Appin (DD Fm 293) dtd 16 Jan 03
(Upgrade Discharge to Honorable, and Change Reentry Coe, Reason and

Authority)

Issue 1: I would like to request that my discharge if possible be changed
from a General to Honorable.

Issue 2: I would also like to request that my RE-Code be changed. I have
recently been to a Army Recruiter and have been told that in order to enlist

with the Army that I would need to get my RE-Code upgraded.

Issue 3: While I was in the military I failed CDC's and then received a
waiver. I was then late for work once & I received a Article 15 for having a

Book on post.

Issue 4: I feel that the Article 15 was somewhat of a harsh penalty and
that they could have possibly tried to handle this in a different way. I did
not have any other problems or incidences while serving in the military. I did
not have any problems or incidences before entering the military nor did I have
any problems or incidences since my discharge from the military.

Issue 5: I would like to re-enlist with the Unites (sic) States Army and
would like to be given a chance to get my RE-Code changed so that I can enlist
with the U.S. Army.

Issue 6: Thank you for your time & consideration as pertaining to this
matter.

Issue 7: Any consideration you can give to this matter will be greatly
appreciated.

ATCH
1. DD Form 214.

20Mar03/cr
FEe2002- OOOSY

DEPARTMENT OF THE AIR FORCE MAR 11 2002
509" SECURITY FORCES SQUADRON (ACC)
WHITEMAN AIR FORCE BASE, MISSOURI

 

FROM: 509 SFS/CC
SUBJECT: Notification Memorandum

1. lam recommending your discharge from the United States Air Force for misconduct,
specifically minor disciplinaty infractions. The authorities for this action are AFPD 36-32 and -
AFI 36-3208, paragraph 5.49. If my recommendation is approved, your service may be
characterized as honorable or under honorable conditions (general), I am recommending that
your service be characterized as under honorable conditions (general).

2. My reasons for this action are:

a. On 16 Feb 02, you were derelict in the performance of your duties by failing to refrain
from playing with a Nintendo Game Boy on W-24 Post, as it was your duty to do. For this
incident you received an Article 15, dated 6 Mar 02. (Atch la)

b. On 9 Nov O1, you failed to attend a mandatory appointment for a reading
comprehension test. For this incident you received a Letter of Counseling, dated 11 Nov 01.
(Atch 1b)

c. On 26 Sep 01, you were caught playing a Nintendo Game Boy while posted as a
sentinel. For this incident you received a Letter of Reprimand, dated 26 Sep 01. (Atch Ic)

d. On 25 Sep and 26 Sep 01, you were late for work. For this incident you received a
Letter of Reprimand, dated 26 Sep 01. (Atch Id)

e. On 30 Dec 01, you were caught reading a novel while posted as a sentinel. For this
incident you received a Letter of Reprimand, dated 26 May 01. (Atch le)

3, Copies of the documents to be forwarded to the separation authority in support of this
recommendation are attached. The commander exercising Special Court-Martial 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 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 subject to recoupment.

4, You have the right to consult counsel. Military legal counsel has been obtained to assist you.
T have made an appointment for you to consult Captai/Aigiiitn Bldg 509 on 17 Man 02

Global Power for America

FOR OFFICIAL USE ONLY
[OD 2 00?- BOOS 4

at_\woo . You may also 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 _/4 Ma@027 {530 unless you request
and receive an extension for good cause shown. I will forward your statements 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 rights to do so.

7. You have been scheduled for a medical examination. You must report to Physical Exams at

Lov _on (2. M2rg02—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 your unit’s Orderly Room. ;

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

aah USAF

Commander

   

Attachments:

1. Supporting documents --for the reason for discharge
Article 15, dated 6 Mar 02

LOC, dated 11 Nov 0}

LOR, dated 26 Sep 01

LOR, dated 26Sep 01

LOR, dated 26 May 01

fae oP

2. Documents containing derogatory information —which are not listed in the notification.
memorandum. None.

3. Airman’s receipt of notification memorandum, dated“AR 11 7002

FOR OFFICIAL USE ONLY