ee ew ee ee ee

 

| NAME OF COUNSEL AND OR ORGANIZATION

 

 

 

    

ISSUES

INDEX NUMBER

  

A95.00 A67.90
HEARING DATE CASE NUMBER
8 AUG 03 FD2003-0136

 

Case heard at Washington, D.C.

submit an application to the AFBCMR.

SIGNATURE OF RECORDER

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

 

 

AFHQ FORM 0-2077, JAN 00

 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

PERSONAL APPEARANCE

  
  
  
  
   
        
 
 

GRADE AFSN/SSAN

X RECORD REVIEW
ADDRESS AND OR ORGANIZATION OF COUNSEL

HON | GEN

 

 

 

 

 

     

 

Dede oo EXHIBITS SUBMITTED TO THE BOARD (0. 0 gee
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

 

 

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

 

 

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 FD03-0136

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 the applicant submitted no issues contesting the equity or propriety of the discharge,
and after a thorough review of the record, the Board was able to identify none that would justify a change of
discharge.

ISSUE: The applicant submitted no issues and requested that the review be completed based on the
available service record. The Board reviewed the entire record and found no evidence of impropriety or
inequity in this case on which to base an upgrade of discharge. The records indicated applicant received
two Article 15s for failure to go and being disrespectful in deportment and using profanity. He also
received a Vacation action under the UCMJ for wrongfully using provoking words and being disorderly.
Additionally, he received three Letters of Reprimand for being disrespectful, using extreme profanity, and
for failure to go. The Board concluded the disciplinary infractions were a significant departure from the
conduct expected of all military members. The Board found no evidence of impropriety or inequity in this
case on which to base an upgrade of 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
FDFD2003-00136
DEPARTMENT OF THE AIR FORCE

AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

eae (Former AB) (HGH A1C)

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 12 Apr 02 UP AFI 36-
3208, para 5.50.2 (Misconduct - Conduct Prejudicial to Good Order and
Discipline). Appeals for Honorable Disch.

2. BACKGROUND:

a. DOB: 6 Mar 80. Enlmt Age: 20 5/12. Disch Age: 22 1/12. Educ: HS DIPL.
AFQT: N/A. A-65, E-66, G-76, M-65. PAFSC: 2W031 - Munitions Systems
Apprentice. DAS: 25 Feb Q1.

b. Prior Sv: (1) AFRes 7 Aug 00 - 18 Sep 00 (1 Month 12 Days) (Inactive).

3. SERVICE UNDER REVIEW:

a. Enld as AB 19 Sep 00 for 6 yrs. Svd: 1 Yr 6 Mos 25 Das, all AMS.

b. Grade Status: AB - 9 Apr 02 (Article 15, 9 Apr 02)

AMN ~ 2 May 01 (Vacation of Article 15, 25 Jun 01)
Alc - 3 Nov 00

c. Time Lost: None.

d. Art 15’s: (1) 9 Apr 02, Luke AFB, AZ - Article 86. You, did, on or
about 2 Apr 02, without authority, fail to go at the
time prescribed to your appointed place of duty. You,
did, on or about 2 Apr 02, without authority, fail to go
at the time prescribed to your appointed place of duty.
Article 91. You, on or about 5 Apr Q2, were
disrespecful in deportment toward SMSgt SNe,
a NCO, then known by you to be a superior NCO, who was
then in the execution of his office, by walking away
when he was addressing you. Reduction to AB, and
forfeiture of $275.00 pay. (No appeal) (No mitigation)

(2) 25 Jun 01, Vacation, Luke AFB, AZ - Article 117. You,
did, on or aobut 28 May 01, wrongfully use provoking
words, to wit: “his friends had guns and could kill

ie. "and "I have no problem hitting a bitch," or

words to that effect towards AMN: USAF .

 

Article 134. You, were, on or about 28 May 01,
disorderly which conduct was of a nature to being
discredit upon the armed ferces. Reduction to AMN,
(Punishment which calls for reduction below the grade of
AMN suspended). (No appeal) (No mitigation)
FD2003-00136

(3) 2 May 01, Luke AFB, AZ - Article 91. You,.on or about

14 Apr 01, were disrespectful toward ssot Sl. a
NCO, then known by you to be a NCO, who was then in the
execution of his office, by saying to him "I didn't do
shit and you don't have shit on me," or words to that
effect. Article 92. You, having knowledge of a lawful
order issued by SSgt @MMRMMMMMM§ to remain calm and
refrain from using profanity, an order which it was your
duty to obey, did, on or about 14 Apr 01, fail to obey
the same by wrongfully failing to remain calm and to
refrain from using profanity. Suspended reduction to
AB, and 30 days extra duty. (No appeal) (No mitigation)

e. Additional: LOR, 29 MAR 02 - Failure to go.
LOR, 08 FEB 02 - Disrespectful, using extreme profanity,

refusing to perform duties, and leaving
place of duty without proper authority.

LOR, 25 JAN 02 - Disrespectful, using profanity and

£. CM: None.

refusing to perform duties.

g. Record of SV: None.

h. Awards & Decs:

(Discharged from Luke AFB)

AFTR.

i. Stmt of Sv: TMS: (1) Yrs (8) Mos (6) Das
TAMS: (1) Yrs (6) Mos (25) Das

BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 1 Apr 03.

4.
(Change Discharge to Honorable)
NO ISSUES SUBMITTED

ATCH

1. Applicant’s Letter

2. Letter of Recommendation.

16 Jun 03/cr
fDP200? ~ OOF 6

DEPARTMENT OF THE AIR FORCE
56th Equipment Maintenance Squadron (AETC) APR 11 200
' Luke Air Force Base, Arizona

 

wr...

MEMORANDUM FOR ApdijiigeiiaapeiiiiipmnameetGRllts 55.15

FROM: 56 EMS/CC

SUBJECT: Notification Memorandum

1. Iam recommending your discharge from the United States Air Force for Pattern of
Misconduct. The authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 5.50.
This type of discharge can result in either an honorable or general discharge. Iam
recommending your discharge be characterized as general.

2. My primary reasons for this action are:

a. On 14 Apr 01, you were disrespectful in language toward a noncommissioned officer. For
this infraction you received an Article 15 on 2 May 01. Your punishment included reduction to
E-1, suspended until | Nov 01, and 30 days extra duty. An Unfavorable Information File (UIF)
was established. a

b. On 28 May 01, you wrongfully used provoking words towards another airman, Also, on
28 May 01 you were found disorderly which conduct was of a nature to bring discredit upon the
armed forces. On 25 Jun 01, your previously suspended nonjudicial punishment was vacated
and you were reduced to E-2. This action was filed in your existing UIF.

c. On 24 Jan 02, you were disrespectful in language toward a noncommissioned officer.
For this infraction you received a Letter of Counseling on 25 Jan 02.

d. On 24 Jan 02, you were derelict in your duty, by refusing to perform lock-maintenance on
the igloo’s. Also, you were disrespectful in language toward a noncommissioned officer. For
these infractions you received a Letter of Reprimand on 8 Feb 02. This action was filed in your
existing UIF.

e. On 27 Mar 02, you failed to go to your appointed place of duty at the prescribed time. For
this infraction you received a Letter of Reprimand on 29 Mar 02. This action was filed in your
existing UIF.

f. On 2 Apr 02, you failed to go to your appointed place of duty at the prescribed time on
two separate occasions aud was disrespectful toward a senior noncommissioned officer. For
these infractions you received an Article 15 on 9 Apr 02. Your punishment included reduction:

ts due prade of E-1 and forfeiture of $309 pay.
. |  FO2002- 00/20

3. Copies of the documents to be forwarded to the separation authority in support of this
recommendation will be provided to you. The commander exercising special court-martial
jurisdiction or a higher authority will decide whether you will be discharged or retained in the
Air Force. 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.
I have made an appointment for you to consult the Area Defense Counsel, Building 1150, Suite
3015, Luke AFB, AZ, on at 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 , unless you request and
‘ receive an extension for good cause. I will send any statements you submit 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 have been scheduled for a medical examination. You must retrieve your medical records
from 56"" Medical Group Hospital Outpatient Records and immediately report to Physical

Exams, Building 810, with your medical records and your copy of this discharge package for the
medical 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 orderly room.

9. Sign the attached acknowledgment and retum it to me immediately.

    

ew t Col, USAF
Commander