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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ISSUES INDEX NUMBER ee a, j ’

A01.00, 495.00 A67,50 1 ORDER "APPOINTING ‘THE BOARD
2 | APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION

HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE

25 Jul 03 FD2003-00137

COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

 

 

|| TAPE RECORDING OF PERSONAL APPERANCE HEARING
TIACHED AIEORCE DISCHARGE EREVER BOARD, DECISIONAL RATIONALE. Fr

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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.

 

  

SAF/MIBR : SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL

550 C STREET WEST, SUITE 40 AIR FORCE DISCHARGE REVIEW BOARD
RANDOLPH AFB, TX 78150-4742 1535 COMMAND DR, EE WING, 3°° FLOOR

ANDREWS AFB, MD 20762-7002

 

AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used.

 

‘DATE: 28 JUL 03°
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD2003-00137

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 the evidence of record nor that provided by the applicant substantiates an
inequity or impropriety, which would justify a change of discharge.

The applicant’s issues are listed in the attached brief.

Issue. 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. The records
indicated the applicant was discharged for a pattern of misconduct. He received two Articles 15, four
Letters of Reprimand, two Letters of Counseling, one Memorandum for Record and a Statement of Fact for
misconduct. The misconduct included disrespect of a noncommissioned officer, failure to go, failed room
inspection, dereliction of duty, failure to follow priority procedures, late for duty, and failure to obey a
lawful regulation. The Board 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, thus the applicant's discharge should not be changed.

Attachment:
Examiner's Brief
FD2003-00137
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

[oe (Former AMN) (HGH A1C)

1. MATTER UNDER REVIEW: Appl rec'd a GEN Disch fr USAF 6 Oct 89 UP AFR 39-10,
para 5-47a (Pattern of Misconduct ~- Discreditable Involvement with Civil or
Military Authorities). Appeals for Honorable Discharge.

2. BACKGROUND:

a. DOB: 17 Jul 68. Enlmt Age: 17 10/12. Disch Age: 21 2/12. Edue: HS DIPL.
AFOT: N/A. A-67, E-63, G-57, M-59. PAFSC: 64551 - Material Storage and
Distribution Specialist. DAS: 9 May 87.

b. Prior Sv: (1) AFRes 30 May 86 - 11 Jan 87 (7 months 13 days) (Inactive) .
3. SERVICE UNDER REVIEW:

a. Enlisted as AB 12 Jan 87 for 4 yrs. Extended 11 May 88 for 4 months.
Svd: 2 Yrs 8 Mo 25 Das, all AMS. :

b. Grade Status: AMN - 22 Aug 89 (Article 15, 22 Aug 89)
A1C - 12 May 88
AMN - 12 Jul 87

c. Time Lost: None.

d. Art 15’s: (1) 22 Aug 89, Soesterberg AB, The Netherlands - Article
91. You, on or about 10 Aug 89, were disrespectful
towards SSot 2M a noncommissioned officer,
then known by you to be a noncommissioned officer, who
was then in the execution of his office, b ying to
him, "This is bullshit, that fucking Sgt ath " or
words to that effect. Reduction to Amn. (No appeal) (No
mitigation)

(2) 17 Apr 89, Soesterberg AB, The Netherlands - Article
86. Preliminary investigation indicates that you did,
on or about 6 Apr 89, without authority, fail to go at
the time prescribed to your appointed place of duty.
Suspended reduction to Amn, forfeiture of $100.00 pay,
30 days extra duty. (No appeal) (No mitigation)

e. Additional: LOR, 10 MAY 89 - Failed room inspection.
Statement of Fact, 10 MAY 89 - Dereliction of duty.
LOC, 28 APR 89 - Failure to follow priority procedures.
Statement of Fact, 6 APR 89 - Late for duty.
MFR, 28 MAR 89 - Late for duty.
LOR, 10 MAR 89 ~ Dereliction of duty.
FD2003-00137

LOR, 04 JAN 89 - Failure to obey a lawful regulation.
LOC, 23 SEP 88 - Dereliction of duty.
LOR, 11 APR 88 - Disorderly conduct.

£. CM: None.

g. Record of SV: 12 Jan 87 ~ 11 Jan 88 Soesterberg AB 9 (Annual)
12 Jan 88 - 11 Jan 89 Soesterberg AB 8 (Annual)

(Discharged from McGuire AFB)
h. Awards & Decs: AFOSLTR, AFTR.

i. Stmt of Sv: TMS: (3) Yrs (4) Mos (7) Das
TAMS: (2) Yrs (8) Mos (25) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 16 Mar 03.
(Change Discharge to Honorable)

Issue 1: I wish to have me (sic) discharge upgraded in order to receive
military credit for application with the Grayslake, IL Fire Protection District.
They require any applicant request (sic) military credit that the applicant he
"Honorably" discharged, nothing less. I am submitting supporting documents that
I hope will prove to the Board of my worthyness (sic) of this discharge upgrade.

ATCH

1. DD Form 214.

2. Four Training Certificates.

3. License, Permit, Certification, Registration.

4. Personal Statement to the Air Force Discharge Review Board.

8MAY03/ia
FROMs Det 5, 32TFS/CC.

SUBJ: Letter of Notification |

| A An ec

Det 5, 327FS |

 

1. I am recommending your discharge from the United States Air.
Force for a Pattern of Misconduct, more specifically,

discreditable invelvement with military or civil authorities.
The authority for this action is AFR 39-10, paragraph 5-47a. If

my recommendation is approved, your service will be characterized
as honorable or general.» I am recommending that your service be

characterized as general.

2. 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 service will be
characterized. If you are discharged, you will be ineligible for
reenlistment in the Air Force. My reasons for this action ares

a. On 10 Aug 89, you were disrespectful. towards a
noncommissioned officer. For this offense you received
nonjudicial punishment under Article 15 of the Uniform Code of
Military Justice on 22 Aug 89.

. 1 . t

b.. On 9 May 89,| you failed to maintain your room in.
inspection order. For this failure you received a Letter of
Reprimand on 10 May 89 and the Letter of Reprimand was placed in
_your Unfavorable Information File on 10 May 87.

c. On 9 May 89 you were derelict in the performance of extra >

duties to which you had been assigned, as documented by a

Statement of Fact dated 19 May 89.
t

d. On 26 and 27 Apr 89, you were derelict in the performance |
‘of your duties in that you failed to follow the priority O02 MICAP.

precedures, for which you were verbally counseled, as documented
by a Letter of Counsel ing dated 28 Apr 89. ©

 @. On 6 Apr ag, you failed to gn to your appointed place of
duty. For this offense you received nonjudicial punishment under
Article 15 of the Uniform Code of Military Justice on 17 Apr 89. -

f. On 4 Mar 89, you were derelict in the performance of your.
duties in that you failed to make a physical check to ensure the ~

correct balance of LRM-2. For this failure you received a Letter
of Reprimand on 10 March 89. |

\
‘

 

3.0 AUG 1999:

 

 

   

Siete eee we a
g. On 31 Dec 88, you failed to obey a lawful regulation by
use and possession of: fireworks in your dormitory room. For this
offense you received a Letter of Reprimand on 4 Jan 89.

h. On 22 Sep 88 you were derelict in the performance of your:
duties in that you failed to properly annotate an AF Form 2009, |
for which you received a Letter of Counseling dated 23 Sep 4&8.

. i. On or about 31 Mar 88, you conducted yourself in a
disorderly manner at a swimming pool in Zeist, The Netherlands,
for which you received a Letter of Reprimand on 11 Apr 86.

3. You have the right to consult counsel. Military counsel has.
been obtained to assist you. I have made an appointment for you |
to consult Capt. i the @rea Defense Counsel, at Bldg 3 Room 2°
on 31 Aug 89 at 0 hours. 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 3 duty days unless you request an extension for good
cause shown. I will send them to the separation authority.

 

 

 

5. 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 sa. |

i

|

 

! .
&. You have been scheduled for a medical examination. You must
report in uniform to USAF Clinic Soesterberg Ab, NU at 0800 & 1100

hours on 12 Sep 89 for the examination. |

7. "Any personal information you furnish in rebuttal is covered
by the Privacy Act Statement as explained in AFR 39-10,
Attachment 6. A copy of AFR 39-10 is available FOr, your use in
your Unit Orderly Room.

8. Execute the attached acknowledgment and return at to me

immediately. | ; ; |
. ’ . t _ i “
|

    

ATUM, Major, USAF ° 10 Atch a
Commander, Det 5, 32TFS 7S 1. art 15 dtd 22 Aug 89

, : 2. LOR dtd :10 May 69
. Be Statement dtd 10 May 89
. 4 Loc aed ‘28 Apr 89
5. art S dtd 17 Apr @9
4 LOR ded. ‘10 Mar 89 >
3 7. LOR dtd ‘4 Jan 99

8B. LOC dtd 23" Sep 88

9. LOR dtd /11 Apr ge

: 10. Amn acknowl edgment