AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
TYPE
PERSONAL APPEARANCE X RECORD REVIEW
("COUNSEL NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL —"
YES NO
xX
VOTE OF THE BOARD
MEMBERS SITTING | HON GEN UOTHC OTHER DENY
rc x
Co x
|X
a
Le x
ae x
ISSUES INDEX NUMBER EXHIBITS SUBMITTED TO-THE BOARD
A01.00, A95.00 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
25 Jul 03 FD2003-00148 COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
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 BOARD PRESI

 

SIGNATURE OF RECORDER 7)

 

 

 

INDORSEMENT DATE: 25 JUL 03
TO: FROM:
SAF/MIBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
550 C STREET WEST, SUITE 40 AIR FORCE DISCHARGE REVIEW BOARD
RANDOLFH 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.
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD2003-00148

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 minor disciplinary infractions. He received one Article 15, three
Letters of Reprimand, one Letter of Counseling, one Letter of Admonishment, and one Letter of Warning
for misconduct. The misconduct included making false official statements, exceeding weight and body fat

measurements, violation of the military leave program, financial irresponsibility and failure to control a pet
on base. 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
FD2003-00148
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

aie (Former A1lC) (HGH SrA)

1.. MATTER UNDER REVIEW: Appl rec'd a GEN Disch fr USAF 1 Nov 01 UP AFI 36-3208,
para 5.49 (Misconduct - Minor Disciplinary Infractions and Failure in the Weight
Management Program). Appeals for Honorable Discharge.

2. BACKGROUND:

a. DOB: 10 Apr 71. Enlmt Age: 23 7/12. Disch Age: 30 6/12. Educ: HS DIPL.
AFQT: N/A. A-61, E-49, G-57, M-44. PAFSC: 4N0Q51 - Medical Service.
DAS: 3 Jun 97,

b. Prior Sv: (1) AFRes 17 Nov 94 - 28 Mar 95 (4 months 12 days) (Inactive).

(2) Bnlisted as AB 29 Mar 95 for 4 yrs. Svd: 3 yrs 11 months
10 days, all AMS. AMN - 29 Sep 95. A1C - 29 Jul 96. SrA - 20 Jul 98. EPRs:
4,5,2(REF).

3. SERVICE UNDER REVIEW:
a. Reenlisted as SrA 12 Mar 99 for 4 yrs. Svd: 2 Yrs 7 Mo 20 Das, all AMS.
b. Grade Status: AlC - 6 Jun O1 (Article 15, 6 Jun O01).
c. Time Lost: None.

d. Art 15’s: (1) 6 Jun O1, Wright Patterson AFB, OH - Article 107. You
did, between on or about 6 May O1 and on or about 7 May
01, with intent to deceive, make to MSgt qq»

wate enc SSgt aes, ean official statement,
to wit: you needed.a leave extension due to weather and
your wife's condition, which was totally false, and was
then known by you to be so false. You did, on or about
21 May 01, with intent to deceive, make to Major QgyRe.
“Qa San official statement, to wit: you did not
intentionally plan to abuse leave and that you planned
on returning at the time your leave was due to expire
on 6 May 01, which was totally false, and was then
known by you to be so false. You did, on or about 23
May 01, and on or about 24 May 01, with intent to
deceive, make to SMSgt OQGMEMMD an official
statement, to wit: the ticket that your wife purchased
on or about 25 April with a return flight for 6 May Ol,
was totally false, and was then known by you to be so
false. You did, between on or about 22 May 01, with

intent to deceive, make to Major (qngunean and
official statement, to wit: you needed leave extentions
due to weather and
FD2003-00148

your wife's condition, which was totally false, and
then known by you to be so false. Reduction to A1C,
suspended reduction to Airman, and a reprimand.

(No appeal) (No mitigation)

@e. Additional: (Examiner's Note: In the Notification Letter, dated 7 Aug
O01, Commander mentions that this individual was entered into Phase I of
the Weight and Body Fat Management Program (WBFMP) on 1 Nov 2000 as a
result of exceeding standards. The Commander also states that
discharge action was initiated by the individual exceeding WBFMP on 18

Jun 01)
LOR, 24 MAY 01 - Exceeding Weight and Body Fat Management
Program.
LOA, 18 JAN 01 - Exceeding Weight and Body Fat Management
Program.
LOC, 14 DEC 00 - Exceeding Weight and Body Fat Management
Program.

LOR, 16 AUG 00 - Violation of Military Leave Program.

LOR, 16 AUG 00 - Financial irresponsibility.

LTR OF WARNING, 22 APR 99 - Failure to control pet.
£. CM: None.

g. Record of SV: 29 Nov 98 - 28 Nov 99 Wright-Patterson AFB 5 (Annual)
29 Nov 99 - 28 Nov 00 Wright-Patterson AFB 4 (Annual)

(Discharged from Wright-Patterson AFB),
h. Awards & Decs: AFLSAR, AFTR, NDSM, AFOUA W/1.DEV, AFGCM.

i. Stmt of Sv: TMS: (6) Yrs (11) Mos (15) Das
TAMS: (6) Yrs (7) Mos (4) Das

4. BASIS ADVANCED FOR REVIEW: Appin (DD Fm 293) dtd 27 Mar 03.
(Change Discharge to Honorable)

NO ISSUES SUBMITTED.

ATCH . “
None.

TJMAYO3/ia
a ~. FDZ3-FO/VE
Di JARTMENT OF THE AIR FOi JE

74TH MEDICAL GROUP
WRIGHT-PATTERSON AIR FORCE BASE, QHIO

 

MEMORANDUM FOR A | C@QiQgRgRgRRORRaRB iat,

FROM: 74 MDOS/CC

SUBJECT: Notification Letter-Board Hearing

1. lam recommending your discharge from the United States Air Force for Misconduct - Minor
Disciplinary Infractions (paragraph 5.49), as primary reason, and Failure in the Weight Control
Program - Exceeding Body Fat Standards (paragraph 5.65) according to AFPD 36-32, Military
Retirements and Separations, and AFI 36-3208, Administrative Separation of Airmen. Copies of
the documents to be forwarded to the separation authority to support this recommendation are
attached.

2. My reasons for this action are:
I. Paragraph 5.49, Misconduct — Minor Disciplinary Infractions:

a. On 14 Apr 1999, you failed to control your pet, which resulted in a dog bite, violating
WPAFB Instruction 48-101. This incident resulted in you receiving a letter of warning, dated
22 Apr 1999.

b. As of 16 Auy 2000, you failed to pay your KAS Cable TV; Inc. bill, in the amount of
$257.20. Your failure to pay your just debts resulted in you receiving a letter of reprimand, dated
16 Aug 2000.

c. On 2 Aug 2000, you began leave with the last day of chargeable leave being 5 Aug
2000. On 6 Aug 2000, you were not in the local area when you contacted the duty section, in
complete violation of the military leave program. Furthermore, you did not retum to the local
area until 11 Aug 2000. This incident resulted in you receiving a letter of reprimand, dated 16
Aug 2000.

d. On or about 6 May 2001 and on or about 7 May 2001, you told Master Sergcan Qe

WI ns Staff Serzcant QAR that you needed a leave extension due to weather

and your wife’s condition. made this statement knowing it was false. Also, on or about 21
May 2001, you told Major: Wee at you did not intentionally plan to abuse leave and

   

that you planned on retuming at the time your leave was due to expire. You made this statement
knowing it was false. Also, on or about 23 May 2001 and on or about 24 May 2001, you told
Senior Master Sergcant gaa that your wife purchased a ticket on or about 25 Apr with
areturn flight of 6 May 2001. You made this statement knowing that the ticket had a return
PD2833-CO/4y

flight date of 8 May 2004 “so, 0 on or about 22 May 2001 you tol Fic ga you
needed leave extensions due to weather and your wife’s condition. You made this statement

knowing it was false. For these false statements, you received Article 15 Non-Judicial
Punishment on 6 June 2001, resulting in a reduction to the grade of Airman First Class,
* reduction to the grade of Airman (E-2) suspended until 5 Dec 2001, and a reprimand.

ll. Paragraph 5.65, Failure in the Weight Control Program - Exceeding Body Fat Standards:

a. On 1 Nov 2000, you weighed in at 256 pounds and had a body fat measurement of 25%.
For your age and height, your maximum allowable weight is 205 pounds and your maximum
body fat is 20%. Your Nov 2000 measurements exceeded your maximum allowable weight by
51 pounds and your maximum body fat by 5%. As a result, on 1 Nov 2000 you were entered into
Phase lof the Weight and Body Fat Management Program (WBFMP).

b. On 12 Dec 2000, you weighed in at 258 pounds and had a body fat measurement of
26%. This represents an increase of 2 pounds and an increase of 1% body fat from your 1 Nov
2000 weight and body fat measurements. For your first failure in the WBFMP you received a
letter of counseling dated 14 Dec 2000.

c. On 12 Jan 2001, you weighed in at 260 pounds and had a body fat measurement of
29%. This represents an increase of 2 pounds and an increase of 3% body fat from your 12 Dec
2000 weight and body fat measurements. For your second failure in the WBFMP you received a
letter of admonishment dated 18 Jan 2001.

d. On 18 May 2001, you weighed in at 254.5 pounds and had a body fat measurement of
26%. This represents a decrease of 4.5 pounds and an increase of 2% body fat from your 12 Apr
2001 weight and body fat measurements. For your third failure in the WBFMP you received a
letter of reprimand dated 24 May 2001. An Unfavorable Information File (UIF) was also
established, and this letter of reprimand was filed in your UIF.

e. On 18 Jun 2001, your weighed in at 254 pounds and had a body fat measurement of
28%. This represents a decrease of .5 pound and an increase of 2% body fat from your 18 May
01 weight and body fat measurements. For your fourth failure in the WPFMP, this discharge
action was initiated on 1 Jul 2001.

3. This action could result in your separation with an under other than honorable conditions
discharge. [am recommending that you receive an under other than honorable conditions
discharge. The commander exercising SPCM jurisdiction or a higher authority will make the
final decision in this matter. If you are discharged, you will be ineligible for reenlistment in the
Air Force and will probably be denied enlistment in any component of the armed forces, and any
special pay, bonus, or education assistance funds may be subject to recoupment.
eo [p2en3 -O0OLF ©
oy |

4, You have the right to!

a. Consult legal counsel.

b. Present your case to an administrative discharge board.

c. Be represented by legal counsel at a board hearing.

d. Submit statements in your own behalf in addition to, or in lieu of, the board hearing.

e. Waive the above rights. You must consult legal counsel before making a decision to waive
any of your rights.

5. You have been scheduled for a medical examination. You must report to the 74th Medical
Group, Aerospace Medicine, Building 830, Wright-Patterson AFB, OH, atqgoo_on /o(, ool.

6. Military legal counsel, Captain Area Defense Counsel, Building 199, Kittyhawk Area,
Wright-Patterson AFB, OH, (937) 257-7841, has been obtained to assist you. An appointment
has been scheduled for you to consult him on_) Que ©| at /o30 . Instead of the
appointed counsel, you may have another, if the lawyer you request is in the active military
service and is reasonably available as determined according to AFI 51-201, Administration of
Military Justice. In addition to military counsel, you have the right to employ civilian counsel.
The Air Force does not pay expenses incident to the employment of civilian counsel. Civilian
counsel, if employed, must be readily available.

7. Confer with your counsel and reply, in writing, within 7 workdays of your receipt of this

letter, specifying the rights you choose to exercise. The statement must be signed in the presence _
of your counsel who also will sign it. If you waive your right to a hearing before an

administrative discharge board, you may submit written statements in your own behalf. I will

send the statements to the discharge authority with the case file to be considered with this
recommendation. If you fail to respond, your failure will constitute a waiver of the board

hearing.

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 the orderly room.

9. If you request a board and you fail to appear without good cause, your failure to appear
constitutes a waiver of your right to be present at the hearing.

10. If you received advanced educational assistance, special pay, or bonuses, and have not
completed the period of active duty you agreed to serve, you may be subject to recoupment.
- o ED2003 ~ COLI
to) )

4 11. Execute the attached acknowledgment and return to me immediately.

   

a olonel, USAF, MC, FS
Commander, 74th Medical Operations Squadron

Attachments:

Letter of Warning, 22 Apr 99

. Letter of Reprimand, 16 Aug 00

Letter of Reprimand, 16 Aug 00

Article 15, 6 Jun 01

AF Form 393

Letter of Counseling, 14 Dec 00

Letter of Admonishment, 18 Jan 01

Letter of Reprimand/UIF, 24 May 01

10. AF Form 108, 1 Nov 00

11. AF Form 108, 12 Dec 00

12. AF Form 108, 12 Jan 01

13. AF Form 108, 18 May 01

14. AF Form 108, 18 Jun 01

15. Personal Statement of SrA Flint, 22 May 2001
16. Personal Statement of SrA Flint, 1 Jun 2001

oes See