AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
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TYPE .
PERSONAL APPEARANCE X RECORD REVIEW

 

 

 

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ISSUES INDEX NUMBER E oie OE Hi BOARD 5
A92.15, A94.05, A92.31 A67.10 1 | ORDER APPOINTING THE BOARD
2 | APPLICATION FOR REVIEW OF DISCILARGE
3 | LETTER OF NOTIFICATION
HEARING DATE CASE NUMBER 4 | | BRIEF OF PERSONNEL FILE
7 AUGUST 03 FD2003-00203

 

 

COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

|

 

 

 

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING

BEC re
Le 2 eee

 

 

 

REMARKS

 

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.

 

EOF BOARD PRESIDE}

 

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.
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | 2003-00203

GENERAL: The applicant appeals for upgrade of discharge to honorable.

The applicant was offered a personal appearance before the Discharge Review Board but declined to
exercise this nght.

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.
FINDINGS: Upgrade of discharge is denied.

The Board finds that neither th€ evidence of record nor that provided by the applicant substantiates an
inequity or impropriety that would justify a change of the discharge.

Issues. Applicant was discharged for misconduct, minor disciplinary infractions. He had two AETC Forms
173, “Student Record of Academic/Nonacademic Counseling and Comments,” a Record of Individual
Counseling, two Letterstof Reprimand, and an Article 15. His misconduct included technical training phase
violations such as smoking in uniform and failing to wear his uniform when required, as well as failing to
properly maintain his uniforms and personal hygiene, and failing to complete his class requirements and
workbook assignments. His Article 15 was for a 19-day absence without leave (AWOL) during which he
was Classified a deserter. Numerous attempts to physically locate him or learn of his whereabouts through
friends and family were unsuccessful. Member eventually turned himself in at his home station. Member
had apparently made a conscious choice to leave military control and not return until it appeared the
consequences were worsening. During subsequent treatment in the mental health clinic, member stated his
unit would not allow him to attend a friend’s funeral, so he went anyway, and blamed his problems on his
commander and the military. The Board noted that applicant had also received 3 days in-patient mental
health treatment during the 10 days before he went AWOL, after displaying signs of distress during a
counseling session. Although he was diagnosed with a phase-of-life problem, it was determined he did not
suffer from any disabling mental health condition, and that he clearly desired to be released from the Air
Force. It was also learned he had been treated for attention deficit hyperactivity disorder from age 3 to 14, a
condition apparently not revealed on his enlistment documents. The applicant’s enlistment record further
reflects he required a moral waiver before being allowed to enter the military because he had numerous
traffic offenses, multiple underage drinking incidents, and pre-service marijuana use. At the time of the
discharge processing, member waived his right to consult counsel or to submit statements in his own behalf,
Applicant now contends his classroom grades indicate he was doing well in technical school, and implies
his discharge was too harsh. The Board found no merit in this contention, noting member’s failure of one
of his block examinations, and repeated failure to complete classroom and workbook requirements.
Furthermore, his misconduct was very serious and not compatible with Air Force standards. The records
indicate member was counseled repeatedly and given several opportunities to improve his behavior and was
either unwilling or unable to do so. The Board noted he was of the same age and maturity as most first-
term airmen who abide by Air Force standards, and there was no evidence he did not know right from
wrong. The Board could find no inequity or impropriety in the processing of his case, and therefore no
justification to change his 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 discgetion 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
FD2003-00203
DEPARTMENT OF THE ATR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former AB) (HGH AB)

 

1. MATTER UNDER REVIEW: Appl rec'd a GEN Disch fr USAF 15 Nov 02 UP AFI 36-
3208, para 5.49 (Misconduct - Minor Disciplinary Infractions). Appeals for
Honorable Discharge.

2. BACKGROUND:

a. DOB: 4 Jan 82. Enlmt Age: 20 1/12. Disch Age: 20 10/12. Educ: HS DIPL.
AFQT: N/A. A-44, E-62, G-53, M-59. PAFSC: 2W111E - Aircraft Armament Systems
Helper. DAS: 4 Mar 02.

b. Prior Sv: (1) AFRes 31 Oct 00 - 31 Aug 01 & 4 Jan 02 - 14 Jan 02 (10
months 11 days) (Inactive).

3. SERVICE UNDER REVIEW:

a. Enlisted as AB 15 Jan 02 for 6 yrs. Svd: 0 Yrs 10 Mo 1 Das, of which
AMS is 9 months 13 days (excludes 18 days lost time).

b. Grade Status: None.
c. Time Lost: 28 Jun 02 - 15 Jul 02 (18 days).

d. Art 15’s: (1) 14 Aug 02, Sheppard AFB, TX - Article 86. You did, on
or about 28 Jun 02, without authority, absent yourself
from your unit, and did remain so absent until on or
about 16 Jul 02. Forfeiture of $400.00 pay, 30 days
correctional custody, and a reprimand. (No appeal) (No
mitigation)

e. Additional: LOR, 11 OCT 02 - Dereliction of duty.
LOR, O1 OCT 02 - Dereliction of duty.
AETC 173, 03 JUN 02 - Dereliction of duty.
AETC 173, 26 APR 02 - Dereliction of duty.
RIC, 20 MAR 02 ~- Smoking in uniform while in Phase I.

f. CM: None.
q. Record of SV: None.
(Discharged from Sheppard AFB)

h. Awards & Decs: AFTR, NDSM.

1. Stmt of Sv: TMS: (1) Yrs (7) Mos (24) Das
TAMS: (0) Yrs (9) Mos (13) Das
FD2003-00203

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 18 Apr 03.
(Change Discharge to Honorable)

Issue 1: I believe that my class grades show that i (sic) was doing well in
the school house setting. For this i (sic) would like to be upgraded to
honorable.

ATCH

1, Student Training Report.
2. Basic Military Training Student Performance Summary.

2JUN03/ia
o OW ie

DEPARTMENT OF THE AIR FORCE
AIR EDUCATION AND TRAINING COMMAND

 

NOV 1 2 2002

MEMORANDUM FOR Agi, 3 72s

FROM: 363 TRS/CC
SUBJECT: Notification Memorandum

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

2. My reasons for this action are:

a. You, who knew or should have known of your duties at or near Sheppard AFB TX, on
or about 14 Sep 02, were derelict in the performance of those duties in that you failed to
remain in proper military uniform and not wear civilian clothes while off base in phase II,
as it was your duty to do. For this misconduct you received a Letter of Reprimand (LOR)
on 11 Oct 02.

b. You, who knew or should have known of your duties at or near Sheppard AFB TX, on
or about 13 Sep 02, were derelict in the performance of those duties in that you failed to ©
remain in proper military uniform and not wear civilian clothes while in phase I, as it was
your duty to do. For this misconduct you received an LOR on 1 Oct 02.

c. You did, on or about 28 Jun 02, without authority, absent yourself from your unit, to
wit: 363rd Training Squadron, located at Sheppard AFB TX, and did remain so absent
until on or about 16 Jul 02. For this misconduct you received Article 15 punishment on 14
Aug 02.

d. You, who knew or should have known of your duties at or near Sheppard AFB TX, on -»,
or about 3 Jun 02, were derelict in the performance of your duties in that you failed to
maintain proper military dress and appearance and proper personal hygiene, as it was your
duty to do. For this misconduct-you received an AETC Form 173, Student Record of
Academic/Nonacademic Counseling and Comments, on 3 Jun 02.

e.. You, who knew or should have known of your duties at or near Sheppard AFB TX, on
or about 26 Apr 02, were derelict in the performance of those duties in that you failed to

complete your assigned homework, as it was your duty to do. For this misconduct you
received an AETC Form 173 on 26 Apr 02.
[ , fp2ce-~ C4 gx SD

Ww

me You, who knew or should have known of your duties at or near Sheppard AFB TX, on
or about 19 Mar 02, were derelict in the performance of those duties in that you failed to

refrain from smoking in uniform, as it was your duty to do. For this misconduct you
received an AF Form 174, Record of Individual Counseling, on 20 Mar 02.

Copies of the documents to be forwarded to the separation authority in support of this
recommendation are attacheé” The confmander exercising SPCM jurisdiction or higher
authority wil! 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 will probably be denied enlistment in
any component of the armed forces.

3. You have the right to consult counsel. Military legal counsel has been obtained to assist.
you. I have made an appointment for you to consul ap | UOO on JSNWO2R
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 1% gy ¢Zunless you request and
receive 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 right to do so.

6. You were scheduled for a medical examination on 3 KVO2 €& 1,00
7. 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 Military Training Flight

administration office.

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

 

Attachments: (listed on next page)
—  @ () Prp2ods ee
U

a

_- Sirona:
“1, LOR, 11 Oct 02

MFR, TSet Qe) 4 Oct 02
LOR, 1 Oct 02

AF Form 3070, 14 Aug 02
AF Fonn 2098, 11 Jul 02
AF Form 2098, 11 Jul 02
AF Fonn 2098, 17 Jul. 02
MER, Capt QQ s Jul 02
. DD Form 553, 10 Jul 02
10. 363 TRS/CC Memo, 10 Jul 02
11. 363 TRS/CC Memo, 10 Jul 02
12. DD Form 616, 16 Jul 02
13. MFR, Capt dia 16 Jul 02
14, AETC Form 173, 8 Mar 02 — 3 Jun 02
15. AF Form 174, 20 Mar 02
16. 82 MDOS/SGOHI Memo, 21 Jun 02
17. AETC Form 125A, 4 Nov 02
18. Student Training Report, 02019

19. MFR, TSeQe 18 Jun 02
20. LAFB Form 205, 28 Feb 02 \,) )
m :

21. Airman’s Receipt to Notification Memorandu

OONAKRYNE