AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

   

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
A re re re et AMN
TYPE
PERSONAL APPEARANCE X RECORD REVIEW
: NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

   

MEMBERS SITTING “FON G VOTHC OTHER

 

 

 

 

 

ISSUES INDEX NUMBER af PTT

A94,05 POIN

      
        
 
   
   

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A67,90 ORDER AP
APPLICATION FOR REVIEW OF DISCHARGE

LETTER OF NOTIFICATION

CASE NUMBER BRIEF OF PERSONNEL FILE

FD2003-0087 COUNSEL'S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

   

HEARING DATE

9 JUL 03

 

 

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING
SCHA ECISIO

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 RECORDER SIGNALURE OF BOARD PRESIDEN

 

  
  
 

    
   

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

SECRETARY OF THE AIR FORCE PERSONNEL CO’
AIR FORCE DISCHARGE REVIEW BOARD

1535 COMMAND DR, EE WING, 3°° FLOOR
ANDREWS AFB, MD 20762-7002

Previous edition will be t

   
   

 

AFHQ FORM 0-2077, JAN 00 (EF-V2)
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | pp93.0087

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 states that his discharge was too harsh because it was based on an isolated period of
time during his 29 months of service. The record indicates the applicant received an Article 15 for the
purpose of avoiding service as an enlisted person, intentionally injured himself by cutting both forearms
with a razor. He also received a Record of Individual Counseling for being late for work. This was not an
isolated period. The record indicates the applicant has a history of self-mutilation, acts which were
committed because he was trying to avoid continuing his military service obligation. The applicant was
given the Article 15 after his second self-inflicted injury. The applicant’s doctor noted that the applicant
had expressed a strong desire to be discharged from the Air Force, and his self-inflicted injuries were
nothing more than his way of trying to get out. 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. The Board found no evidence of any inequity or impropriety on
which to base a decision to upgrade the discharge.

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
FD2003-00087
DEPARTMENT OF THE AIR FORCE

AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

iain. (Former AMN) (HGH A1C)

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 6 Dec 96 UP AFI 36-3208,
para 5.50.2 (Misconduct - Conduct Prejudicial to Good Order and Discipline).
Appeals for Honorable Discharge.

2. BACKGROUND:

a. DOB: 15 Dec 75. Enlmt Age: 18 5/12. Disch Age: 20 11/12. Educ: HS DIPL.
AFQT: N/A. A-82, B-92, G-76, M-96. PAFSC: 21T332B - Special Vehicle
Maintenance Apprentice. DAS: 16 Jul 96.

b. Prior Sv: (1) AFRes 3 Jun 94 - 30 Jun 94 (28 days) (Inactive).

3. SERVICE UNDER REVIEW:
a. Enlisted as AB 1 Jul 94 for 4 yrs. Svd: 2 Yrs 5 Mo 6 Das, all AMS.

b. Grade Status: Amn - 4 Nov 96 (Article 15, 4 Nov 96)
Alc - 1 Nov 95
Amn - Unknown

c. Time Lost: None.

d. Art 15's: (1) 4 Nov 96, Anderson AFB, Guam - Article 115. You, did,
on or about 21 Oct 96, for the purpose of avoiding
service as an enlisted pergon, intentionally injure
yourself by cutting both forearms with a razor.
Reduction to Airman, 45 days restriction, and 30 days.
extra duty. (No appeal) (No mitigation)

e. Additional: RIC, 15 OCT 96 - Late for work.
£. CM: None.

g. Record of SV: 01 Jul 94 - 29 Feb 96 Eglin AFB 5 (Initial)
01 Mar 96 - 05 Nov 96 Anderson AFB 2 (Cmdr Dir) REF

(Discharged from Anderson AFB)

h. Awards & Decs: AFAM, AFTR, AFOUA W/1 DEV.

~

i. Stmt of Sv: TMS: (2) Yrs (6) Mos (4) Das
TAMS: (2) Yrs (5) Mos (5) Das

4. BASIS. ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 20 Feb 03.
FD2003-00087
J

charge to Honorable)

y discharge was inequitable because it was based on an isolated

during an otherwise distinguishingly (sic) honorable 29 months of
ountry.

sincerely regret my conduct while stationed at Anderson AFB but
2 that I was of sound mind during my tour there.

iring my tour at Eglin AFB I lived and. breathed my job for the
Jnited States Air Force. I took no leave while stationed there.
> function at my post only one time and that day I returned to
sluctantly. I was consistently called upon to solve unfamiliar
1ing to the equipment we maintained. At the end of my tour I was
yperiors with the medal of achievement for my service.

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DEPARTMENT OF THE AIR FORCE
PACIFIC AIR FORCES

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MEMORANDUM FOR AMN Sage:

FROM: 36 TRANS/CC
SUBJECT: Notification Letter

1. lam recommending your discharge from the United States Air Force for a pattern of
misconduct, specifically for conduct prejudicial to good order and discipline, according to
AFI 36-3208, section H, paragraph 5.50.2, and for conditions that interfere with military
service, specifically mental disorders, according to AFI 36-3208, section B, paragraph
5.11.1. If my recommendation is approved, your service will be characterized as general.

2. My reasons for this action are:

a. You, did, at Andersen Air Force Base, Guam, on or about 21 Oct 1996, for the
purpose of avoiding service as an enlisted person, intentionally injure yourself by cutting
both forearms with a razor, in violation of Article 115 of the UCMJ. For your actions,
you received Article 15 Nonjudicial punishment consisting of reduction to the grade of
airman, restriction for 60 days, and 30 days of extra duty, dated 4 Nov 96

b. On 15 Oct 96, you failed to report to work at the time prescribed to your appointed
place of duty, in violation of Article 86 of the UCMI, and subsequently received a Letter
. of Counseling (LOC), dated 15 Oct 96.

c. On 1 Oct 96, you made suicidal gesture in which you made superficial lacerations to
your right wrist, in addition to self-mutilation of a written message, “Never too late”, into

your forearm. For your action, you received a verbal counseling, as indicted by the MFR,
dated 4 Nov 96.

d. You recently underwent a mental health evaluation at my direction. My concer for
your well-being and the well-being of others were key factors in my decision to request
that evaluation. On 21 Oct 96, Capt iiiiOGMBle Chief, Psychology Services,
found you to fit the diagnostic criteria for being an alcohol abuser. Additionally, you have
been evaluated by the Substance Abuse Treatment program at which time, Track 2
substance abuse education, was recommended. The provider also stated you suffer from
a personality disorder so severe as to significantly impair your ability to function in a
military environment. In fact, this personality disorder has caused you to continue this
self-mutilation--a pattern of misconduct which is prejudicial to good order and discipline.
Therefore, I believe that it is in both the Air Force’s and your best interest that you be to
discharged from active duty military service.
Fr Q Pozas-oco8/

Copies of the documents to be forwarded to the separation authority in support of this
recommendation are attached. The Commander exercising SPCM jurisdiction or 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.

3. You have the right to counsel. Military legal counsel has been obtained to assist you. I
have made an appointment for you to. consult Captain dia the Area
Defense Counsel, Bldg. 21000, Room 5-2-1, 366-2281 at 00 hours on

14 Nov . 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 (7_AWow 76 (3 duty days)
unless you request and receive an extension for good cause shown. I will send them to the
separation authority.

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

6. You have been scheduled for a medical examination on /§ #°v_ 96 at 0 130_ hours,
at the 36th Medical Operations Squadron, Physical Exams Section,

- ‘7, Any personal information you fumish in:rebuttal is covered by the Privacy Act of 1974 |
as explained in AFT 36-3208 and is available for your use in the Unit Orderly Room.

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

SR MRE 10501, USAF

Commander

 

Attachments:

A. Art 15, 4 Nov 96

B. LOC, 15 Oct 96

C.-MFR, 4 Nov 96

D. Mental Health Ltr, 31 Oct 96